Most people know what a pre-nuptial agreement is, or have at least heard the term before. There is a very similar type of agreement called a post-nuptial agreement, or “post-nup,” that accomplishes many of the same objectives but is entered inter after a couple gets married as opposed to before. Courts in Connecticut recognize post-nuptial agreements as binding legal contracts only if they conform with established principles of contract validity.
If you are married and would like professional advice on the advantages of signing a post-nuptial agreement, contact a Fairfield County post-nuptial agreements lawyer. A family law attorney can serve many useful purposes in your situation, from drafting or reviewing a post-nuptial agreement to negotiating with your spouse and their attorney regarding what the contract will address. 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.
A spouse and their Fairfield County lawyer could desire a post-nuptial agreement that covers most any topic that a married couple could fight over during a divorce or separation. These types of contracts commonly address:
A Fairfield County attorney may also choose to advise a client that certain topics are off-limits when it comes to drafting a post-nuptial agreement of this nature for a married couple. A post-nuptial agreement cannot dictate matters child custody, visitation, or child support as these issues are subject to strict judicial review at the end of a marriage. A pre-nuptial agreement also cannot violate public policy or excuse a spouse from penalty for a criminal offense.
A post-nuptial agreement is a legally binding contract, but only if it is drafted appropriately. To be enforceable in Connecticut, a post-nuptial agreement must follow certain requirements.
Post-nuptial agreements cannot be oral agreements. Rather, they must be in writing and signed by both parties and notarized.
Each party to a post-nuptial agreement must fully disclose their assets and liabilities prior to signing the document.
Anyone who signs a post-nuptial agreement in Connecticut must do so voluntarily, as opposed to under duress or threat. If it can be proven that the agreement was created and signed in violation of this requirement, the document may be deemed invalid.
A post-nuptial agreement must not be unconscionable either at the time it was entered into or when either party seeks to enforce it. Unconscionable generally means that the agreement is so one-sided in favor of the party with superior bargaining power that enforcing the contract would go against a court’s good conscience. A Fairfield County post-nuptial contracts attorney could help ensure that the legitimacy of this agreement might not be called into question.
Entering into a post-nuptial agreement with your spouse can be an effective way to prevent, or at least minimize, costly disagreements in the future. However, a post-nuptial agreement is a document that can majorly affect your future financial well-being so working with a Fairfield County post-nuptial agreements lawyer for information could help you find a good solution for your family. Call today to get started.