If you are preparing to be married, you are probably doing so with a mixture of elation, awe and trepidation. Marriage is a big step, and, even if you’re certain you’ve found the right person, none of us can know what the future holds. To take some of the anxiety out of your upcoming nuptials, you should consider creating a prenuptial agreement. As unromantic as this suggestion might seem, a prenup can give you peace of mind. By establishing your rights in the event of a “worst-case scenario,” you can alleviate much of your anxiety about the future. The family law attorneys at Needle | Cuda can help you negotiate, draft and execute a valid premarital agreement that enables you to go forward with confidence.
The purpose of a prenuptial agreement is to secure each party’s rights in the event of dissolution of the marriage. The Connecticut premarital agreement statute allows couples to decide the following matters:
However, no provision of a premarital agreement can violate public policy or the law. The agreement cannot adversely affect a child’s right to support, and any provision for child custody is subject to judicial review.
If you executed a premarital agreement and are now going through a divorce, you may wonder whether you are bound by the terms of the agreement. You can challenge the agreement in court, but you must prove the agreement was invalid at its formation, or that enforcement of its terms would be grossly unfair. The reasons a court would invalidate a prenup include:
A court can also override a provision reducing or eliminating spousal support if the terms of the provision would force the complaining party to live on public assistance.
These reasons to invalidate a prenup should also stand as a warning to anyone who wants to create a valid agreement. At Needle | Cuda, we advise clients to begin negotiations well in advance of the wedding, to be fully transparent in their financial statements to each other, and to make sure each party has their own legal representation. Avoiding mistakes at the formation of your premarital contract can eliminate doubts about its enforcement.
If you are engaged to be married in Fairfield County, Needle | Cuda can help you create a valid prenuptial agreement. If you are going through a divorce, we can assess your current agreement to see whether it is enforceable. To reserve a consultation, call us today at 203-429-4151 or contact our Westport office online.