A postmarital agreement is a legally binding contract between two married partners. Its purpose is to help establish a legal and financial framework for key issues such as income and asset division in the event of marital breakdown. If you have or are considering entering such a contract, an experienced postnuptial agreements attorney can offer legal guidance, advise you of all your options, and help protect your rights.
This post highlights the unique aspects of postnuptial agreements in New Haven. Specifically, it focuses on their pros and cons and provides information so couples can decide whether getting one is right for them.
One distinctive element of New Haven postnuptial agreements is that they are subject to rigorous judicial scrutiny due to the possibility that one spouse has an unfair bargaining position. The courts look for clear indications of overt partner influence, strong-arming, and threats of divorce if said partner refuses or fails to agree to the terms outlined in the contract. If the court finds instances of coercion or duress, it will void the agreement and refuse to enforce it.
Another unique feature of New Haven postmarital agreements is that they must not be unconscionable at the time of entering into the agreement or at the time of enforcement.
If you or your ex-partner had a significant change in circumstances—such as a major change in financial capacity—between the time of execution and when your marriage broke down, the court may invalidate your agreement based on unconscionability, or strikingly unfair terms. You may need to review and update your postnuptial agreement to match your current situation before the court can enforce it.
Although Connecticut courts do not require you to have an attorney for these often delicate and complex agreements, they strongly recommend having legal counsel to promote fairness and transparency. You and your ex-partner should independently engage the services of separate New Haven attorneys to fully understand your rights and the implications of your specific postnuptial contract. Only after understanding the contents of the agreement should you sign it.
The scope of a postnup agreement in New Haven extends to a wide range of issues, including the following:
However, there are limits to which issues a postnup can address. For example, you and your ex-partner cannot agree to predetermined visitation rights, child custody, and support matters in the contract. If you do, those provisions will be unenforceable and potentially call into question the enforceability of the balance of the contract as well
Due to strict court standards and the unique aspects of postnuptial agreements in New Haven, you need to speak to an experienced marital agreement attorney before drafting one. If you have already prepared such a contract, our legal team can review the terms of your agreement for fairness, full disclosure, absence of limitations, the protection of your rights, and future enforceability. Contact us today to speak to a lawyer.
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