A post-nuptial agreement is similar to a prenup but it is signed after a marriage rather than before. The agreement usually addresses the same issues that a pre-nuptial agreement would if there was a divorce. For example, alimony, property distribution and other financial considerations can all be set forth in a post-nuptial agreement. In fact, […]
Postnuptial agreements are gaining popularity. A recent study by the American Academy of Matrimonial and Divorce Lawyers found a 51% increase in postnups in the last year. Still I know that some spouses are offended by the concept. But couples may become more willing (or even enthusiastic) about executing a postnuptial agreement when they learn […]
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 […]
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 […]
How is marital property divided in a Connecticut divorce? Connecticut courts follow an equitable distribution approach. To be more specific, Connecticut follows “an all property equitable distribution scheme.” This means that at the time of the divorce or legal separation, the court can assign either spouse any or all of the property of the other […]
Yes – provided certain requirements are met. In 1995, section 46-36g of the Connecticut General Statutes became effective. The statute sets forth the circumstances under which a premarital or prenuptial agreement would not be enforced. The burden is on the party seeking to invalidate the agreement to prove any of the following: 1. The party […]
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