It could be wise for couples to consider a prenuptial agreement, or prenup, before they marry. In certain circumstances, a premarital contract can ease a divorce if the marriage ends.
It is essential to understand prenuptial agreement rights in New Haven if you are negotiating this type of contract. An experienced prenuptial agreements attorney at Dolan Divorce Lawyers can explain what your agreement may involve.
When a couple marries, each spouse gains an interest in everything the other spouse owns and anything they acquire during the marriage. Premarital property or property from a gift or inheritance may end up with the other spouse in a divorce. Many couples use a prenup to reserve specific assets as separate property.
When one spouse brings substantially more assets into the marriage than the other, the poorer spouse may give up valuable rights when signing a prenup. These agreements must be fair, requiring that a party relinquishing a significant right receive some form of compensation or benefit in return, though the value does not have to be equal.
An experienced New Haven attorney who handles premarital contracts can help couples navigate these issues and protect their rights as they negotiate. When representing one party in a prenup, they can ensure the other understands the trade-offs and consents to them. They may also suggest revisions that protect the wealthier individual’s property while including provisions for the less wealthy partner’s fair treatment. Because contributions to a marriage are not always monetary, a couple should take care that any financial agreement reflects how the couple values each partner’s contributions—whether financial or non-financial.
Both parties to a prenup must freely consent to its terms, without duress or undue pressure.
Duress can take many forms. When there is an unbalanced power dynamic in the relationship, one individual may manipulate the other into agreeing to an unfavorable prenup. Leaving prenup discussions to the last minute can be a form of duress if one party does not have time to review and thoughtfully consider the agreement before the wedding.
Connecticut General Statute § 46b-36g protects spouses from duress by conditioning enforcement on the fulfillment of certain obligations. Both parties must make a reasonable and accurate disclosure of their assets and liabilities and have the opportunity to consult with independent counsel before signing. A New Haven attorney can ensure these conditions are met to protect the spouses’ rights before they sign the prenuptial agreement.
A judge can still set aside a prenup even if the couple made accurate, complete disclosures and had sufficient time to obtain competent legal advice and revise the terms of the agreement. A court may consider a premarital contract unenforceable if it was unconscionable at the time of signing or divorce.
An unconscionable agreement is one that is so one-sided that enforcing it would be unjust. When an agreement leaves one party destitute and the other financially comfortable, a court may deem it unconscionable. A prenup can also be unconscionable if it deprives one spouse of any benefit from the other’s success, as the law assumes that one party’s attainments are due in part to the contributions of the other spouse.
A New Haven attorney can help a spouse challenge or defend a prenup and protect their entitlements during divorce proceedings. If a married couple’s circumstances have changed and their original prenup becomes too one-sided, a legal professional can draft a new agreement.
A premarital agreement is an enforceable contract, and you must understand what you lose and gain if you sign one. Our attorneys can explain your prenuptial agreement rights in New Haven, so contact us today for help creating your prenup.
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