Connecticut divorces often involve prenuptial agreements and the questions that go with it.
Can I get the prenuptial agreement thrown out? Is the prenup valid? Will it be upheld? How can I get out of it?
These questions are often asked after a divorce has been filed when one spouse realizes that if a prenup controls they stand to lose money, support and/or property.
Prenuptial agreements can be contested in Connecticut. Here are the five top reasons they get are found to be invalid:
1. No reasonable opportunity for independent legal representation. There is no requirement that you have a lawyer but you must be given a chance to confer with one before signing off.
2. Signed too close to the wedding date. This one is tricky because there is no absolute minimum amount of time to sign. But if you executed the agreement within days or even weeks before you exchanged vows you might be able to get out of it based on duress.
3. Lack of disclosure. If a spouse did not fairly and reasonably disclose assets, debts and income, you may be able to successfully challenge the agreement.
4. Ambiguity. Sometimes the terms of a prenup are unclear. In those instances, a judge may invalidate the agreement altogether.
5. Unconscionable. Usually a prenup is slanted in one spouse’s favor. That’s acceptable as far as a divorce judge is concerned. A prenup does not have to be fair to be enforced. But it cannot be so one-sided that it “shocks the conscience.”
You may contact me by email or by calling my Fairfield office at (203) 259-5251 or in Stamford at (203) 356-1475 for further information concerning a Prenuptial Agreement.