The Connecticut Premarital Agreement Act of 1995 sets forth specific requirements that all premarital agreements must satisfy in order to be valid and enforceable at the time of divorce.

• Voluntary Signing: Both parties to a prenuptial agreement must sign the agreement voluntarily. If the contract is made under duress or threats, it will not be considered to be signed voluntarily and the entire agreement can be attacked in court.
• Disclosure: The law requires that both parties receive fair and reasonable disclosure of the amount, character and value of property, financial obligations and income of the other party when entering into a premarital agreement.
• Opportunity for Legal Advice: Both parties to a prenuptial agreement must have the opportunity to consult with a lawyer. Having a lawyer either draft or review a prenuptial agreement is not legally required; however, a premarital agreement cannot be enforced if both parties did not have reasonable opportunity to consult with counsel.
• Fairness: The legal standard for determining whether a prenuptial agreement is fair boils down to whether it is “unconscionable”. A prenuptial agreement must not be unconscionable at the time it was executed or at the time one or both parties are seeking to enforce it. Therefore the agreement must have sufficient flexibility to weather changes in circumstances potentially over many years. The term “unconscionability” is a complex and nuanced term. The experienced lawyers at Schoonmaker George can help you understand how to best ensure that this requirement is met. 

No. It is essential to understand that a prenuptial agreement legally cannot address child custody, visitation, or child support. The final decisions regarding children must be made by a family court.

Postnups cover most any topic that a married couple would fight over during a divorce or separation. These types of contracts commonly address:

• Division of marital assets and liabilities
• Division of separate property (i.e., assets owned by each spouse before the marriage, as well as inherited wealth and certain gifts during the marriage)
• Alimony
• Ownership of the marital house
• Benefits of a life insurance policy
• Proceeds of a retirement plan
• Choice of law governing the interpretation of the agreement

Entering into a prenuptial or postnuptial agreement may not be right for every couple, but doing so could make sense for both you and your partner. Any agreement you decide to sign should protect your financial interests to the greatest extent possible should your marriage ever end in divorce and/or if such an agreement assists in important estate planning objectives in the event of death.

 You and your partner are encouraged to independently seek legal advice before signing a contract that could so significantly impact your financial futures. Schoonmaker George is here to help you navigate these important decisions.