Serving New Haven and Fairfield Counties

Considerations for the Enforceability of a Prenuptial Agreement in Shelton CT

Many couples find that a prenuptial agreement in Shelton Connecticut is an effective way to put their wishes in writing and to include important provisions regarding their property.  However, couples must be careful when drafting a prenuptial agreement in Shelton Connecticut to ensure that it is legally enforceable.

A valid prenuptial agreement may discuss a number of provisions, including the right of each spouse to use, transfer, manage or sell particular property, the life insurance rights to an insurance policy, which state laws will apply to the agreement, the ownership interest that each spouse will have in certain property and whether spousal support will be paid.  As long as it is legal, parties can generally include other provisions to their prenuptial agreement.

However, there are some provisions that will not be enforced if they are included in a prenuptial agreement, such as a provision that states child support.  Since it is a child’s right to receive support, a prenuptial agreement cannot effectively waive the child’s right.  Additionally, a prenuptial agreement may not be enforced if it is considered to be unconscionable, meaning that it is so fundamentally unfair or unjust that a court cannot in good conscious enforce it.

This may happen when one spouse intentionally hides or fails to disclose his or her true ownership of assets or debts before entering into the agreement and the other spouse would not have been adequately informed of this information without the required disclosures.  Also, a court will not enforce a prenuptial agreement if a spouse signed the agreement under duress, which requires much more than one spouse saying that he or she would not enter into the marriage without the prenuptial agreement in place.  Instead, duress requires showing that the spouse was threatened so that he or she had no reasonable alternative other than signing the agreement.

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