Couples usually enter postnuptial agreements to decide issues related to property division if they separate or divorce. However, some couples use the agreement to address other problems in their marriage. There is no point in creating a postnuptial agreement if it is not enforceable. Postnuptial agreement issues in Southbury mainly involve consent and bargaining power. Work with one of our experienced postnup attorneys to ensure your marital agreement will withstand judicial scrutiny.
Postnuptial agreements are helpful tools for many couples. They can be used to change the terms of an outdated prenup and address concerns that may arise during the marriage.
However, because the parties are married, a postnuptial agreement is not an arms-length transaction. Connecticut courts will scrutinize it carefully to determine whether it should be enforced.
Working with a dedicated and well-versed attorney in Southbury can ensure that a postnuptial agreement is enforceable and that there are no issues. They can provide an objective assessment of the agreement’s terms and ensure that all legal requirements are met.
Contracts are valid only when both parties consent to them without undue pressure or coercion. There are two ways that consent can become a concern when analyzing postnuptial agreements.
Because the couple is married to each other, there may be a level of trust between them. One party could take advantage of the other’s trust. On the other hand, one party in a marriage sometimes has more power than the other, and the less powerful spouse might feel uncomfortable or unsafe raising objections to an agreement.
To alleviate these concerns, each party must disclose their full financial information to the other before signing the agreement. Spouses in Southbury must also have the opportunity to review the agreement with an independent attorney before signing to ensure there are no issues. However, even when both these conditions are met, judges will look further to confirm that the agreement is fair to both parties.
Connecticut courts will consider whether each party had a real opportunity to negotiate. Even when the disclosure and attorney consultation requirements are met, a postnuptial agreement may not be enforceable if one party does not have the power to request changes, or if there is no consideration, i.e. an exchange of value for both spouses
Judges will examine all the circumstances surrounding the agreement. These include the:
Judges will also consider personal circumstances such as illness, the recent death of a loved one, and other traumatic life events when determining whether a spouse was in a position to negotiate a fair agreement.
Postnuptial agreements must be fair when they are signed and must not be unconscionable at the time of enforcement. A Southbury lawyer can review a postnuptial agreement to determine whether it is vulnerable to challenge on the grounds of unconscionability.
Postnuptial agreements can be powerful legal tools. However, because the parties are married and do not negotiate at arm’s length, courts scrutinize them.
The family law attorneys at our firm understand postnuptial agreement issues in Southbury. Get in touch with us today for help drafting, reviewing, or assessing the enforceability of a postnuptial agreement.
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