Serving New Haven and Fairfield Counties

Arguments against Enforcing a Prenuptial Agreement in Shelton CT

If someone does not want a prenuptial agreement in Shelton Connecticut, they must be able to successfully raise a valid legal argument against enforcement.  Some of the common arguments that are made to prevent the enforcement of a prenuptial agreement in Shelton Connecticut include:

Agreement Was Not Entered into Voluntarily

This argument may be raised when the prenuptial agreement was required to be signed within hours before the wedding or in other circumstances in which the party felt coerced into signing the agreement or was threatened to sign the agreement.

The Party Was Not Given a Full Financial Disclosure

A prenuptial agreement is a financial contract.  As such, for the parties to make an informed decision about whether or not to enter into such an agreement, it is necessary that they have a thorough understanding of what assets they may be waiving their rights to.  If the party seeking to hold the agreement unenforceable did not receive a full and fair reasonable financial disclosure regarding the other party’s assets or income, this argument may be raised.

The Agreement Is Unconscionable

The court can look at the effect of the agreement both at the time of its inception and the current point in time to determine if it would be unjustly unfair to enforce the order.

Equitable Principles Apply against Enforcement

The court can assess the circumstances that affected the parties at the time when the agreement was signed and the current ones to determine if equitable principles apply against enforcement.  This argument may apply when there is a large disparity in income between these two times.

The Party Did Not Have a Lawyer

In Connecticut, the party must be represented by independent legal counsel or be given the opportunity to have the prenuptial terms reviewed by an attorney for the agreement to be enforceable.

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