In Connecticut, all postnuptial agreements must meet certain criteria. If they do not, they may be unenforceable. This article summarizes the common conditions of postnuptial agreements in New Haven and the surrounding areas.
If you need legal help with drafting a fair and legally binding agreement, a seasoned postnuptial agreement lawyer can help you.
Postnups tend to attract a higher level of scrutiny from Connecticut’s courts. Therefore, a crucial requirement for valid postnuptial contracts in New Haven is that both parties not be under any form of duress or coercion when entering into the agreement.
The parties must demonstrate that they entered the contract in the right state of mind and without any threats or pressure. For example, one party should not be under pressure of marital dissolution if they refuse to sign the contract.
An important aspect of a postnuptial agreement in New Haven is full transparency by both parties with respect to the financial disclosure of assets, debts, property, and income. This is a requirement for the contract to be valid and binding.
If new information emerges, alluding to some degree of dishonesty or omission after signing the contract, the court can revoke the agreement and render it null and void.
Each party can and should have their own independent marital agreement attorney in New Haven review the postnuptial contract terms for fairness and equity, and this is a routine practice for couples.
With an attorney’s help, one or both parties can receive objective feedback regarding the proposed arrangement and, where necessary, propose revisions to ensure each party’s interests are protected.
A postnuptial agreement is generally limited to addressing financial issues. In the event of a marital breakdown, the contract cannot dictate child support, custody, or visitation rights to each party.
Orders surrounding children in a divorce remain strictly within the court’s purview. Therefore, it is common for New Haven clients to focus on what the contract can enforce when drawing up a postnuptial agreement. Again, this is why a postnuptial agreement attorney, who can explain what the contract can or cannot cover, is valuable.
The most effective postnuptial agreements tend to embody considerable fairness and equitable distribution for both parties. Failure to demonstrate these elements in the terms can be grounds for invalidating the contract, resulting in wasted time and effort.
Having our experienced postnuptial agreement lawyers go through the process will help you understand the common conditions of postnuptial agreements in New Haven. We can draft a contractual agreement that works for everyone.
Contact us today to discuss your situation.
N/a
