Married couples sometimes enter into contracts regarding their property and other matters. These postnuptial agreements are enforceable if the couple observes the legal requirements for such contracts.
Postnuptial agreements can be helpful in various circumstances, but they must be properly drafted and executed to be effective. Working with a dedicated marital agreement attorney with experience drafting and reviewing these documents is essential.
If you believe a marriage contract would be helpful in your situation, contact a New Canaan postnuptial agreements lawyer at our firm. We can discuss your circumstances and draft a contract meeting your goals.
Contractual agreements between spouses can address numerous situations that might arise in a marriage. Many couples use a postnuptial agreement to replace an outdated, unworkable, or unfair prenuptial agreement.
Prenups cannot be revoked or amended except by another signed contract between the spouses, so a postnuptial agreement is the only means to change or terminate the arrangements the spouses made in their prenup.
Couples who do not have a prenup often use postnuptial agreements to address financial issues that might arise if they divorce. The couple could use a postnuptial agreement to designate separate property, divide marital property, allocate responsibility for debt, or decide whether one spouse will receive spousal support.
Postnuptial agreements can protect one spouse if the other has potential legal or financial liabilities. Working with a skilled New Canaan attorney when drafting a postnuptial agreement is vital because the contract must be created carefully to accomplish its purpose.
Although postnuptial agreements are versatile tools that can address multiple issues, they have limitations. It is always wise to consult an experienced family law attorney to determine whether a postnuptial agreement is an appropriate and effective solution in a particular circumstance.
For example, a postnuptial agreement cannot address issues relating to child custody or support. Connecticut General Statutes § 46b-56 requires these decisions to be in accordance with the child’s best interests at the time the parents separate or divorce. A couple can enter a separation agreement when they live apart, which can address parenting time and child support issues or develop a parental responsibility plan that will be incorporated into a divorce decree.
A postnuptial agreement cannot replace a will or other estate planning documents. The legal requirements for testamentary instruments like wills differ from those that apply to postnuptial agreements. However, a postnuptial agreement can describe the couple’s intentions after a spouse’s death, such as agreeing to care for a vulnerable loved one.
Both parties must sign a valid, enforceable postnuptial agreement in writing. The spouses must enter the agreement voluntarily and not under duress. Each spouse must make full financial disclosure to the other before the agreement is signed.
When a spouse does not disclose their assets and liabilities or does not do so accurately, a court can set aside the agreement on the grounds that the lack of disclosure prevented the other spouse from giving informed consent to the contract.
Postnuptial agreements require consideration, meaning there must be an exchange of value unless the postnuptial agreement replaces a prenup. Both spouses must have the opportunity to consult their own New Canaan attorney before signing the postnuptial agreement.
A postnuptial agreement can be set aside if it was unconscionable when it was signed or is unconscionable when a spouse seeks to enforce it. An unconscionable contract is shockingly one-sided or unreasonably unfair. A court will consider all the surrounding circumstances when determining whether a specific agreement should be voided for unconscionability.
Postnuptial agreements are valuable tools for married couples in many situations. When properly drafted and executed, they can help a couple navigate changed or challenging circumstances.
Consult a New Canaan postnuptial agreements lawyer about whether a contract would address your situation. Reach out today to get started.
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