An alternative to the finality of divorce is the postnuptial agreement (sometimes also called a post marital agreement), which allows you and your spouse to continue to work on your marriage. A postnuptial agreement is an agreement entered into by married couples that provides for what will happen financially (alimony and the division of property) should the couple eventually divorce. The postnuptial agreement does not require or mandate an eventual divorce, or even mean that the marriage will not work, but can provide a resolution of the financial issues should a divorce action eventually be commenced. The purpose of a postnuptial agreement is, in fact, to facilitate resumption of the marriage on agreeable terms.
Connecticut Courts Apply Strict Standards of Enforcement with Postnuptial Agreements
Connecticut Courts apply a stricter scrutiny to the enforcement of postnuptial agreements because of the concern that the marital relationship may lead one spouse to take advantage of the other. For this reason, while you and your spouse may outline the terms of any such agreement, you should consult with an attorney to ensure that the postnuptial agreement complies with contract principles and that you fully understand the rights you may be waiving by entering into an agreement to resolve the financial issues of a potential divorce. Postnuptial agreements can be subject to challenge in Connecticut. While the law in Connecticut approves of postnuptial agreements, there are ways in which one party may try to avoid the enforcement of the agreement.
Postnuptial agreements can be used to address the following types of issues:
It is important to note that completing a postnuptial agreement can be an emotionally difficult process. Unlike prenuptial agreement that are drafted before a marriage begins, these agreements are drafted during the middle of a marriage when couples may share children, special confidences, and/or complex family dynamics. As a result, the required exercise of playing out and defining all the negative scenarios associated with a dissolution or separation often create an emotional and volatile dialogue. It is a process for which you definitely need to be mentally and intellectually prepared.
Needle | Cuda has been through this process many times and has the experience to help you decide if a postnuptial agreement is right for you and will help you navigate this sensitive process.
Given the strict standards applied by Connecticut Courts to postnuptial agreements it is especially important to engage experienced counsel in drafting these agreements to ensure all your rights are protected and that your agreement will be both valid and enforceable over time.
Needle | Cuda has extensive experience with the drafting and enforcement of postnuptial agreements in CT Family Court