What You Should Know About Prenuptial Agreements in Connecticut

Prenuptial agreements, often referred to as prenups, are legal contracts created by two individuals before they marry. In Connecticut, these agreements safeguard both parties’ financial interests and outline the division of assets should the marriage end in divorce. Here’s what you should know about prenuptial agreements in Connecticut.

Legal Requirements for Prenuptial Agreements

In Connecticut, for a prenuptial agreement to be legally binding, it must meet certain requirements:

• The agreement must be in writing.
• Both parties must fully disclose their assets and debts.
• The agreement should be signed voluntarily by both parties without coercion or undue influence.
• Each party should have the opportunity to consult with their own attorney before signing, to ensure they fully understand the implications of the agreement.

Content of the Prenuptial Agreement

A well-drafted prenuptial agreement typically addresses various aspects of the marriage, including:

• The division of assets and debt in the event of a divorce.
• Spousal support or alimony arrangements.
• Management of marital property and individual assets.
• Provisions for children from previous relationships.

It is crucial to tailor the prenup to fit the unique circumstances of both parties to ensure it is fair and enforceable.

Enforceability in Court

While prenuptial agreements are generally enforceable in Connecticut, there are specific factors that may render them invalid, such as:

• Lack of full financial disclosure at the time of signing.
• The agreement is proven to be unconscionable, meaning it is excessively unfair to one party.
• One of the parties did not sign the agreement voluntarily.

To strengthen the enforceability of a prenup, it is advisable to draft it well in advance of the wedding date, allowing ample time for review and negotiation.

Modifying or Revoking Prenuptial Agreements

If circumstances change – such as the birth of children or significant changes in income or assets – the prenup can be modified or revoked. Changes must also be made in writing and signed by both parties to be legally binding.

Consulting a Legal Professional

It is highly recommended that couples considering a prenuptial agreement consult with experienced family law attorneys. Legal professionals can help ensure the agreement adheres to state laws and stands up in court, providing peace of mind for both parties.

Conclusion

Prenuptial agreements can be a beneficial tool for couples in Connecticut, helping to clarify financial expectations and protect individual assets. By understanding the requirements and implications of these contracts, couples can enter marriage with mutual confidence and security.