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Yes – prenuptial agreements are valid in Connecticut and will be enforced as long as certain requirements are met.
1. Was the agreement signed voluntarily? For example, a party may claim that he/she signed under duress because the agreement was presented very close to the wedding day.
2. Was the agreement “unconscionable” when it was signed or “unconscionable” at the time of divorce? Unconscionable does not mean unfair or even unreasonable. It is a higher standard. Think very one sided.
3. Was there reasonable financial disclosure before signing the agreement? There should be disclosure concerning the income of each party, the amount, character and value of all property as well their financial obligations (debts). A good practice is the mutual exchange of tax returns and statement of assets and liabilities of each party signed under oath. Be as transparent as possible.
4. Were the parties afforded a reasonable opportunity to consult with independent counsel? This does not mean that each party retained or conferred with a lawyer. However, they must have been allowed a reasonable amount of time to do so. If one of the parties did not confer with independent counsel despite a reasonable opportunity to do so, language should be included in the agreement to this effect.
In a Connecticut divorce, spouses are required to complete a sworn statement of their income, assets, debts and liabilities known as a Financial Affidavit.
But sometimes the Financial Affidavit seems a bit “light.”
Here are a few places to look when attempting to uncover hidden assets:
Tax returns – Most people are uneasy about misleading the IRS for fear of penalties, fines and even prison. Standard discovery in Connecticut requires the production of tax returns for the last 3 years. The better practice is to request the last 5 years. Be attentive to inconsistencies in income, the existence of trusts or real estate interests.
Bank accounts – Checking accounts may contain a paper trail leading to large purchases and saving accounts may show substantial deposits and withdrawals. Bank accounts for children may be opened under the guise of a custodial account when the true purpose is to hide assets.
Brokerage statements – These statements are useful to determine whether the money derived from a sale of securities is accounted for in bank statements, on tax returns and reflected on the Financial Affidavit.
Expense accounts – If an employer grants an employee a lot of latitude then these accounts may reveal debits or deposits, which exceed legitimate business expenses.
It may be also be necessary to retain the services of financial professionals such as forensic accountants if money seems to be missing or business valuators if the spouse has an ownership interest in a business.
Please contact me of you have questions about hidden assets in a Connecticut divorce.
You are scared. You have been threatened or abused. What can you do? Request a Restraining Order from the Family Court in Connecticut.
Here’s an overview:
The person requesting the order of protection (Applicant) must file an Application (found online and at all Clerk’s Offices) along with an Affidavit. The Affidavit must set forth the specific reasons as to why the Applicant needs protection. For example, history of violence, current threats and any other facts showing “immediate and present physical danger to the Applicant.” The circumstances in the Affidavit should not be exaggerated. If they are, the Applicant may lose credibility at a hearing before a judge.
Once filed, the Application and Affidavit will be presented to a judge. The judge may 1) grant the restraining order on a temporary basis pending a court hearing within 14 days; 2) schedule the matter for a hearing within 14 days but not grant the Application on a temporary basis or 3) deny the Application.
If a hearing is scheduled, the Respondent must be served with all the filings and any other orders issued by a judge five days before the hearing date.
At the hearing, the Applicant must show that he or she has been “subjected to a continuous threat of of present physical pain or physical injury by another family member or household member.” If a judge grants the restraining order it can last no longer than six months. However, prior to the expiration of the order the Applicant may request that the order be extended.
In addition to orders designed for the Applicant’s protection, a judge has the authority to enter orders for the protection of the Applicant’s children such as changing custody or limiting visitation.
Effective 2010, a judge may enter orders for the protection of any animal owned by the Applicant.
In a contested Connecticut child custody case, the Family Court may decide that the child live primarily with the mother or with the father the “best interest of the child.”
Here are seven important considerations:
1) Primary caretaker. There is usually one parent who is primarily responsible for daytime routine such feeding, bathing, taking the child to school or bus stop etc.
2) Abuse of alcohol or drugs. Abuse alcohol or use of drugs will almost guarantee that the other parent will be awarded residential custody. If the abuse is extensive seek help immediately or supervised visits may be ordered.
3) Involvement with the child’s school and activities. Attend school conferences, help with homework, attend practices, games, recitals etc.
4) Disparaging the other parent. Avoid at all times making negative statements about the other parent to the child or projecting your anger toward the parent on to the child. In addition, allow the other parent access to the child and follow the current court orders. Interfering with the relationship the child has with the other parent may result in the other parent being awarded custody.
5) Support the relationship with the other parent. You should demonstrate to the judge that you recognize the value of child’s relationship with the other parent. This may include being flexible with your time if a scheduling conflict arises or encouraging the child to spend the time with the other parent when the child is reluctant.
6) Cooperating with other professionals in the case. In a contested custody case Family Relations may be ordered to conduct a Study. A court may appoint a guardian ad litem to advocate for your child’s best interests. A court may also appoint a psychologist or psychiatrist. Your cooperation and your presentation with these professionals is often crucial in terms of their perception of your credibility and parental judgement. A parent should highlight their strengths as a parent rather than focus on perceived weaknesses of the other parent when dealing with other professionals in the case.
7) Involving the child in other relationships. You may have moved on. Your child has not. Do not involve your child in the relationship with your new “interest.” Do not try to replace the other parent and do not introduce the child to a significant other prematurely.
You were involved in a car accident in Connecticut. An adjuster representing the insurance company of the other driver calls you. He or she wants information from you.
Think of the insurance adjuster as of detective for the insurance company. They are trained in eliciting information from you which, even though it seems harmless at the time, can significantly affect the settlement of your claim.
Connecticut automobile/car accident cases consist of two important yet distinct issues:
- Liability (who is at fault or what event caused the accident), and
- Damages (what are your injuries and property damage as a direct result of the accident)
As to liability – the adjuster will attempt to “pin” the cause of the accident on you if at all possible. This is true even if the police issued a ticket to the other driver or gave them a verbal warning. If the adjuster concludes that you are at fault (or partially at fault) your case will come to a screeching halt. Any money which you may have been entitled to will either be greatly reduced or no money may be offered to you at all.
As to your damages – the adjuster will ask questions designed to gather information to determine the severity of your injuries. Your answers may minimize or altogether eliminate compensation for your injuries at the settlement stage. The adjuster will ask: When did you first receive medical treatment? From whom? Are you still treating? Have you lost time from work? How has the accident affected you day to day?
The adjuster may also request that you execute medical releases or authorizations allowing the adjuster to gather your medical information. Ordinarily you should not sign these releases until an attorney has had an opportunity to review them since they are often overbroad and allow the adjuster access to otherwise confidential information.
Typically, the best approach when an adjuster calls is to simply get their name, contact information and the claim number. Then politely advise the adjuster that once you are in a position to discuss settlement you or your attorney will contact them.
Please email me or call (203) 259-5251 if you having questions about dealing with an insurance adjuster.