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Connecticut has long recognized the merit of premarital agreements. In fact, there is a statute in Connecticut that governs all premarital agreements executed after October, 1995. While premarital agreements are generally enforceable, there are certain factors that may make it more likely for a Connecticut Court to honor a premarital agreement. One of the experienced Connecticut divorce lawyers at Siegel, Reilly & Conlon, LLC, can help you draft a premarital agreement.

Factors Making a Premarital Agreement Unenforceable or Valid

The factors, outlined in the Connecticut Premarital Agreement Act and case law that can invalidate a premarital agreement include:

• If a party did not execute the premarital agreement voluntarily;
• The agreement was unconscionable when it was executed or when enforcement is sought;
• If a party, prior to the execution of the agreement, was not provided fair and reasonable disclosure of:
  • The amount of property
  • The character of the property
  • The value of the property
  • The financial obligations and income of the other party;
• The party seeking to disavow the agreement proves that he or she was not advised and afforded a reasonable opportunity to consult his or her own attorney regarding the premarital agreement

A court will look at the validity and enforceability of a premarital agreement at the time you seek enforcement.

Terms of a Premarital Agreement

The terms of a premarital agreement vary, depending on the parties and the assets and liabilities of the parties. Some of the considerations are:

• The rights and obligations of each party regarding property regardless of when the property was acquired or located
• The right to buy, sell, use, transfer, exchange, abandon, lease, expend or consume property
• The right to assign property (including mortgages or other liabilities)
• The right to create a security interest in, mortgage, encumber, dispose or otherwise manage and control property
• The disposition of property upon separation, divorce, death or the occurrence or nonoccurrence of any other event
• The modification or elimination of spousal support
• The making of a will, trust or other arrangements to carry out the provision of the agreement
• The ownership rights in and disposition of a death benefit from a life insurance company
• The rights of each party regarding retirement plans

If you need assistance with a premarital agreement, contact a Fairfield County divorce lawyer at Siegel, Reilly & Conlon, LLC.