Yes – a prenuptial agreement can be contested in Connecticut.
A party to seeking to enforce a premarital or postnuptial agreement must specifically demand enforcement of that agreement when the divorce is filed. If the other spouse wishes to avoid enforcement, they must file a reply within sixty days requesting avoidance of the agreement and stating the grounds as to why the agreement should be invalid.
Therefore, you must tell your divorce attorney during your initial meeting that a prenuptial agreement exists. A strategy can be developed depending on whether you are seeking to enforce the terms of the prenup or looking to avoid it altogether.
What are the grounds for contesting a prenuptial agreement in Connecticut?
- The agreement was not signed voluntarily;
- The agreement was “unconscionable” when it was signed;
- Before the agreement was signed, there was not fair and reasonable disclosure of amount, character and value of property, financial obligations and income;
- A party was not afforded a reasonable opportunity to consult with independent counsel; and
- The agreement is “unconscionable” now.
A few points:
The law only requires that each party be given a reasonable chance to consult with a lawyer. A spouse cannot seek avoidance of a prenup just because they did not have a lawyer.
Unconscionability can be raised at two points in time – the time of execution of the agreement (signing) and at the time of enforcement (divorce).
Unconscionable does not mean unfair. Rather the test is whether enforcing the agreement would be an injustice.
Please contact me to discuss contesting a prenuptial agreement in Connecticut.