Prenuptial Agreements

Although most couples do not want to contemplate the end of a marriage before it even has begun, it is important to consider whether a prenuptial agreement is the right thing for two individuals entering into a commitment that hopefully will last a lifetime.

In Connecticut, a prenuptial agreement can be used to delineate some assets as separate property, not subject to division between the parties in the event of a divorce. This often is important if there are significant individual assets, such as residences, financial accounts, and personal property, which a person is bringing into the marriage. In addition, a prenuptial agreement can set forth how a business will be treated in the event of a dissolution of the marriage, which may be critical if one spouse has a professional practice or other business. A prenuptial agreement also may designate a support payment that is to be made after a divorce, including alimony based on the number of years of marriage.

Although prenuptial agreements are enforceable, they must meet certain requirements, specifically including:

• The agreement must be considered to be fair–specifically, that it cannot contain any provisions that are deemed to be unconscionable by the reviewing authority, which would be the judge overseeing a divorce action;
• The parties entered into the agreement willingly, without any undue influence, duress, coercion, or fraud. If there are any circumstances that support a conclusion that one party did not enter into the agreement of his or her free will, then the agreement may not be enforced; and
• The parties revealed all assets at the time of the drafting of the agreement. Any attempt to conceal assets may result in an unenforceable agreement.

One issue that often arises during a contentious divorce is whether the agreement that is presented for enforcement has been superseded by other agreements. There may be postnuptial agreements that amend earlier agreements. Connecticut courts do consider postnuptial agreements to be binding, although this is a relatively recent change in the law.

For Unparalleled Legal Representation, Contact Attorney Sheila Cascio 

The Law Offices of Sheila S. Cascio is founded on principles of fulfilling the needs of the client. Attorney Cascio is licensed in both Connecticut and New York. She meets clients and prospective clients in the Danbury and New Fairfield area (by appointment only). To schedule an appointment, contact her today at (203) 939-9411 (Norwalk location) or (203) 885-0042 (New Fairfield office).