We receive a lot of calls for premarital agreements this time of year. One repeated issue we face is the lack of time from the call to the wedding date. Ideally, a premarital agreement should be drafted at least three to four months prior to the wedding date. The process of preparing a valid and enforceable premarital agreement requires a significant amount of time. The parties must have sufficient time to consult with independent counsel, prepare and exchange financial disclosures, draft and negotiate the terms of the agreement, and ultimately sign the agreement well in advance of the wedding date. Moreover, it is best to avoid the stress of negotiating the premarital agreement too close to the wedding date. If you are considering entering into a premarital agreement, read on to learn more and please contact us sooner rather than later.
In this blog post, we are highlighting our New Canaan office, which is one of our five convenient locations. When it comes to addressing the common misconception of prenuptial agreements and safeguarding your interests through premarital agreements, a skilled New Canaan prenuptial agreements lawyer can provide guidance. At McConnell Family Law Group, our lawyers understand the intricacies of Connecticut law and strive to tailor agreements that align with your unique needs. We can guide you to ensure that your assets, property, and financial well-being are protected, fostering a sense of security as you embark on your marital journey. Contact us today at (203) 344-7007 and let us help you navigate the path to a more secure tomorrow.
A premarital agreement (also known as a “prenuptial” or “antenuptial” agreement) is a legally binding contract between two individuals that are planning to get married. Through a premarital agreement, couples can enter into various agreements about how their separate and joint property, assets, and income will be handled during the marriage and in the event of a divorce or the death of a spouse.
The most fundamental reason why people enter into premarital agreements is for security. People feel more secure knowing what will happen in the event of death or divorce. For example, personal and financial decisions are much harder to make during a stressful divorce without a premarital agreement. If you cannot come to an agreement with your spouse, the court will decide for you. A premarital agreement removes the uncertainty of a court decision and ensures that all important decisions were made by you and your spouse.
In Connecticut, premarital agreements are governed by the Connecticut Premarital Agreement Act, which is codified in sections 46b-36a to 46b-36j of the Connecticut General Statutes. This law applies to all premarital agreements executed on or after October 1, 1995.
Under the Connecticut Premarital Agreement Act, the parties to a premarital agreement may contract with respect to the following:
However, the law provides three important exceptions. First, parties may not include in their agreement any provision in violation of public policy or of a statute imposing a criminal penalty. Second, the right to child support cannot be adversely affected. Any provision relating to the care, custody, and visitation of a child is subject to judicial review and modification. Third, the court may invalidate any provision of a premarital agreement that modifies or eliminates spousal support and causes one of the parties to become eligible for support under a program of public assistance.
A premarital agreement becomes effective upon marriage unless otherwise provided in the agreement. After marriage, the agreement can only be amended or revoked by a written agreement signed by both parties. If the marriage is held to be void or voidable, an agreement that would otherwise have been a premarital agreement shall be enforceable only to the extent necessary to avoid an inequitable result.
The cost of prenuptial agreements can differ based on a range of factors. Expenses typically range between $5,000 and $10,000, but the cost may be less or more depending upon your unique circumstances. While online templates and resources are available, engaging an attorney is recommended to ensure the legality and enforceability of the agreement.
Various elements contribute to the pricing of a prenup, including your place of residence, individual asset and debt portfolios, the experience of your selected attorney, as well as any prolonged negotiations. The intricacy of a couple’s assets and debts also influences the time it takes for an attorney to create the agreement, which might lead to increased costs for couples with complex financial portfolios.
When considering whether the cost of a prenuptial agreement is “worth it,” it is important to weigh the cost of the agreement versus the value of the property you seek to protect and the expense of prolonged litigation in the event of divorce. More often than not, the cost of the prenuptial agreement pales in comparison to the cost of the assets potentially lost in the event of divorce.
Navigating the complexities of prenuptial agreements and their associated costs can be daunting. At McConnell Family Law Group, our skilled New Canaan prenuptial agreement attorneys are dedicated to crafting tailored prenuptial agreements that not only protect your assets but also provide clarity and peace of mind. We can assist you in navigating the process, guaranteeing the protection of your interests while reducing avoidable costs. Contact us today to initiate your journey toward a strong and secure future.
Enforcement of Premarital Agreements
It is important to note that any premarital agreement can be challenged in a divorce proceeding. However, the Connecticut Premarital Agreement Act limits the ways in which an agreement can be challenged. To have a Connecticut premarital agreement declared unenforceable, the party challenging the agreement must prove one or more of the following:
For example, if on the way to the church, 15 minutes before the wedding ceremony, the bride was handed the premarital agreement for the first time and was told to sign it “or the wedding was off,” then an argument could be made that the agreement was entered into under duress or coercion. Since the facts are rarely this clear, courts must often struggle to make these determinations.
Each party to the premarital agreement has a duty to provide full disclosure of the amount, character, and value of all individually owned property. The courts have clearly held that the burden is not on either party to inquire, but is on each to inform. For example, if a husband failed to disclose owning several vacation homes prior to the execution of a premarital agreement, his wife could later challenge the agreement on the basis that she did not receive “fair and reasonable disclosure” of the character and value of his properties. The husband cannot claim that his wife should have inquired about his vacation homes, because it was his duty to disclose that information. It was not his wife’s burden to ask.
The requirement of a fair and reasonable disclosure can be easily satisfied if each party prepares and exchanges with the other signed and sworn financial statements specifically listing their income, assets, and liabilities. This should be done sufficiently in advance of the signing of the premarital agreement so each party has a reasonable opportunity to ask questions about the financial statements and an opportunity to receive and review any confirming documentation. Finally, the premarital agreement itself should recite the fact that these steps were taken.
In the first example, where the bride was handed an agreement 15 minutes before the wedding, an argument could certainly be made that she was not afforded a reasonable opportunity to consult with independent counsel. While the Connecticut Premarital Agreement Act does not require that each party be represented by independent counsel, each party nevertheless must be given a reasonable opportunity to consult with independent counsel in order to ensure that he or she is aware of his or her rights. The premarital agreement itself should recite that each party has been afforded a fair and reasonable opportunity to consult with independent counsel of his or her own choosing.
The classic definition of an unconscionable contract is one “which no man in his senses, not under delusion, would make, on the one hand, and which no fair and honest man would accept, on the other.” In layman’s terms, this means that a premarital agreement is unlikely to be enforced if the application of its provisions would result in one party suffering a great injustice in the eyes of the court.
| Challenging Factors | Description |
|---|---|
| Voluntary Agreement | Challenge if agreement wasn’t voluntary, signed under duress or coercion. |
| Lack of Fair Disclosure | Challenge if there wasn’t fair disclosure of property, obligations, income. |
| Absence of Independent Counsel | Challenge if reasonable opportunity for independent counsel wasn’t provided. |
| Unconscionability | Challenge if the agreement was unconscionable when executed or enforcement is sought. |
Premarital agreements can offer many benefits, but it is essential for couples to ensure that these agreements are drafted properly. If you would like to create a clear, valid, and binding premarital agreement, it is important to speak with an experienced Connecticut family law attorney. At McConnell Family Law Group, we can help you and your fiancé create an agreement that will provide for both of your futures, no matter what happens in your marriage.
