A postnuptial agreement is really a contract between spouses. It is designed to avoid potentially lengthy and costly litigation by setting forth an allocation of property, assets and debt in the event of a divorce.
Custody and visitation of children cannot be governed by a prenuptial or postnuptial agreement. Since these decisions involve the child’s best interest, they must always be approved by a judge.
In Connecticut, the landmark case of Bedrick v. Bedrick held that public policy supports the enforcement of postnuptial agreements. However, the agreement will be subject to special scrutiny to make sure that it is not “unconscionable.”
Therefore, careful drafting is essential to maximize the likelihood that the Agreement will survive this heightened scrutiny. Careless or sloppy preparation will be usually be fatal to the enforcement of a postnuptial agreement.