Postnuptial agreements are legal contracts between spouses entered into for various reasons. They can normalize spouses’ agreements about how they will manage certain aspects of their lives. Couples must adhere to postnuptial agreement requirements in Southbury for their contract to be enforceable. Our seasoned postnup attorneys can discuss your goals for the contract with you and draft an agreement that meets your needs.
Connecticut does not have a statute explicitly governing postnuptial agreements. However, postnuptial agreements are contracts, and basic legal contract principles apply. Both parties must write and sign the agreements; oral marital agreements are not enforceable.
Both parties must consent to the agreement after each has made a full financial disclosure. Importantly, there must be some form of consideration, the exchange of value, on the part of both parties in order to be enforceable, and that value cannot be merely an agreement to continue the marriage. Additionally, each spouse in Southbury must have the opportunity to review the agreement with their own independent attorney.
When a postnuptial agreement meets these requirements, courts will typically enforce it. Because the parties are married when they make the contract, courts may scrutinize these agreements closely due to concerns about whether the parties have equal bargaining power.
Unbalanced power dynamics often exist in marriage. When a Connecticut judge reviews a postnuptial agreement, they will consider whether one party was manipulated or coerced into signing.
In many cases, couples are in crisis when they create a postnuptial agreement. There may be a looming threat, such as a lawsuit against one of the spouses or a complex medical diagnosis. It may be an emotionally intense period for the couple, and a spouse who feels vulnerable may not fully consider the implications of the agreement.
A complete and accurate financial disclosure can mitigate concerns that one spouse took advantage of the other. When each spouse makes full disclosure, they know exactly what they are gaining and giving up through the terms of a postnuptial agreement. When there is no disclosure or when the disclosure is inaccurate, a court can set aside a postnuptial agreement.
The judge will try to determine whether each spouse entered the agreement freely or if one of the spouses felt pressure to sign. Courts consider the opportunity for each party to have a meaningful consultation with their own lawyer as evidence that the party freely consented to the agreement. The attorneys in our practice in Southbury will thoroughly review any postnuptial agreement and ensure that a spouse fully understands its implications and requirements.
Courts will not enforce a post-marital agreement that is markedly unfair to one party. Even if the agreement was fair when it was made, a court will not enforce it if it is unconscionable when it is enforced.
A fair postnuptial agreement does not need to treat each party exactly equally. However, each must gain something of value for the rights they give up in the agreement. When the value one spouse derives from the contract is much greater than the value the other derives, a court might find it unconscionable.
When a Southbury lawyer drafts or reviews a postnuptial agreement before signature, they can advise whether it is fair to both parties and meets all requirements. If the parties’ situations change before enforcement, rendering the agreement less fair, a legal professional might advise amending it rather than risk a judge finding it unenforceable.
Postnuptial agreements are a helpful tool for many couples. However, courts scrutinize these agreements carefully, so following the necessary legal procedures is critical.
Capable legal counsel is essential for creating an enforceable marital contract. Speak with one of our experienced family law attorneys about postnuptial agreement requirements in Southbury. Contact us today.
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