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How to ensure prenuptial agreements are valid

April 14, 2017

In an effort to protect themselves, many Connecticut couples agree to sign a prenuptial agreement before tying the knot. Prenuptial agreements help with issues regarding marital property should the marriage end in divorce. Prenuptial agreements are legal documents and should be treated as such. Therefore, it’s important to ensure that they are written up and executed legally or else they could be considered invalid.

First of all, the prenuptial agreement must be written and, in many cases, looked over by each person’s attorney. The couple cannot share a lawyer, since each person has their own interests at stake. This sounds obvious, but the contract must be read by both parties. If one spouse is pressuring the other to sign the agreement without reading it, then something is amiss. Both parties must have a reasonable amount of time to look it over and voice any concerns before signing or else it may not be enforceable.

The prenuptial agreement cannot mention child support obligations, as those are determined by the court. The contract cannot mention anything illegal in nature or else the court may choose to render the entire document invalid. Another thing to remember is that both parties must fully disclose their assets and liabilities. If any of this information is false or incomplete, the agreement may be considered void.

There are also state and local laws to consider when drafting a prenuptial agreement. If you fail to acknowledge them, you and your spouse could face a nasty battle if it comes time to divorce. Therefore, it’s a good idea to consult with a family law attorney before marriage and to ensure that the prenuptial agreement is in working order instead of finding out the hard way in a divorce.

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