Lovejoy and Rimer, P.C.
Attorneys at Law

Call for a free consultation!
203-853-4400
Contact Us

Lovejoy & Rimer | Nowalk Law Firm

Attorneys At Law

CALL US
for a FREE Consultation

(203) 853-4400

  • Home
  • Firm Overview
  • Attorneys & Staff
    • John Hall
    • Christopher J. Jarboe
    • Beverly M. Krieger
    • Steven D. Smith
    • Staff
  • Practice Areas
    • Elder Law
      • How to Apply for Medicaid
      • Denied Medicaid Benefits
      • Difficulties in Applying for Medicaid
      • Medicaid Applications and Planning
      • Medicaid (Title XIX) and Elder Law
    • Family Law
      • Divorce
        • Divorce Trials
        • Mediation/Collaborative Divorce
        • Family Owned Business
        • Property/Asset Division
        • Inherited and Gifted Property
        • Premarital Assets
        • Retirement Asset Valuation
        • Employee Benefits Pension Valuation
        • Divorce Arbitration
        • Divorce and the Special Needs Child
      • Complex and High Net Worth Divorce
      • Business Asset Valuation
      • Alimony/Maintenance
      • Child Custody and Support
        • International & Out-of-State Divorce
        • Hague Convention
        • Custodial Interference, Parental Kidnapping / Taking the Child
        • Parental Alienation
        • Relocation and Moving Out-of-State
        • Can I Get Sole Custody?
      • Father’s Rights
      • Post Divorce Modification
      • Unmarried Partners
      • Domestic Violence & Spousal Abuse
        • Restraining Orders and Protective Orders
        • Contempt and Violation of Court Orders
      • Prenuptial Agreements
      • Same-Sex Marriage
    • Foreclosures
    • Landlord / Tenant Law
    • Litigation / Appeals
      • Personal Injury
    • Personal Injury
    • Probate, Wills & Trusts
      • Estate Administration
      • Special Needs Trusts
      • Will Contests
    • Real Estate & Land Use
  • Contact Us
  • Blog

CONNECTICUT AND POSTNUPTIAL AGREEMENTS

connecticut-and-postnuptial-agreementsMost people have heard of prenuptial agreements, but many don’t even realize that there is such thing as a postnuptial agreement. Postnuptial agreements function similar to prenuptial agreements in that they provide a legal outline in case of the dissolution of a marriage and other unforeseen circumstances. However, a postnuptial agreement is entered into after the marriage has taken place, and not before the marriage begins, as is the case for prenuptial agreements. The Connecticut court system recognizes postnuptial agreements as binding contracts with legal force. Determining if you need a postnuptial agreement requires a careful consideration of quite a few factors.

The contents of postnuptial agreements vary. However, they typically contain key provisions that provide for what will happen upon the dissolution of marriage. A postnuptial agreement can address how property and assets will be dispersed amongst the spouses upon the occurrence of divorce, separation or the death of one of the spouses. A postnuptial agreement can replace an already enacted prenuptial agreement if both parties agree. Furthermore, postnuptial agreements can also be used by those who enter into civil unions.

Connecticut Laws and Procedures Regarding Postnuptial Agreements

In 2010, the Connecticut state court addressed postnuptial agreements for the first time and concluded that these agreements were in line with public policy, and fully enforceable, as long as the postnuptial agreement complied:

“with applicable contract principles, and [as long as] the terms of the agreement are both fair and equitable at the time of execution and not unconscionable at the time of dissolution [of the marriage].”

The phrases “fair and equitable” and “not unconscionable” create a key hurdle in the enforcement of a postnuptial agreement. These two phrases, taken together, require that at the time the postnuptial agreement was executed, both parties voluntarily entered into the agreement, and there was no fraud, undue influence, coercion, duress or other defect present that influenced the decision of either party to enter into the postnuptial agreement. Furthermore, there must have been a fair, reasonable, and full disclosure of the character, amount, and value of all property owned either jointly or separately.

Factors to Consider When Entering Into a Postnuptial Agreement

A postnuptial agreement is a great option in certain situations. First, if you are already married and do not have a prenuptial agreement, a postnuptial agreement could have its benefits. Even if there are no current marital problems, it is important to realize that no one knows what the future has in store. Furthermore, postnuptial agreements are helpful in situations besides divorce, including in the situation of the incapacitation or death of a spouse.

Second, a postnuptial agreement may be beneficial if you feel that your prenuptial agreement has become outdated. Though you can amend a prenuptial agreement, you also have the option of going back to the drawing board and creating a new marital agreement. In fact, the term postnuptial agreement is sometimes used to refer to prenuptial agreements that have been amended.

Third, a postnuptial agreement could be useful if, after the marriage was entered into, significant assets have been acquired either jointly or separately. In this situation you could use a postnuptial agreement to govern the new property or assets acquired.

If you need assistance in drafting a prenuptial or postnuptial agreement, contact the experienced Fairfield County family law attorneys at our law firm today. Our attorneys can help you overcome any family law-related issues you may be facing.

Filed Under: Connecticut divorce lawyer, Connecticut family law attorney, Connecticut Prenups, Fairfield County Connecticut Divorce Attorney, Fairfield County Connecticut Family Lawyer, Marriage Benefits, Pet Custody, Property Division in Connecticut, Same Sex Marriage

Contact Us Today

    I understand the Terms and agree to be contacted
  • This field is for validation purposes and should be left unchanged.

Categories

  • Alimony & Maintenance in Connecticut
  • Child Abuse
  • Child Custody
  • Child Custody & Visitation in Connecticut
  • Child Expenses
  • Connecticut divorce lawyer
  • Connecticut family law attorney
  • Connecticut Laws
  • Connecticut Prenups
  • Divorce
  • Divorce Decree Modification
  • Domestic Violence
  • Elder Care
  • Fairfield County Connecticut Divorce Attorney
  • Fairfield County Connecticut Family Lawyer
  • Family Business
  • Family Law
  • Father's Right
  • Grounds for divorce
  • Health Insurance
  • High Asset Divorce
  • Immigration Reform
  • Juvenile Laws
  • Marriage Benefits
  • Mediation
  • Medicaid
  • New Laws
  • Pet Custody
  • Prenup
  • Prenuptial Agreement
  • Property Division in Connecticut
  • Same Sex Marriage
  • Social Media

HOME

FIRM PROFILE

ATTORNEYS & STAFF
Louis Ciccarello
John Hall
Christopher Jarboe
Beverly Krieger
Steven Smith
Staff

PRACTICE AREAS
Real Estate & Land Use
Landlord / Tenant Law
Probate, Trusts and Estates
Litigation / Appeals
Elder Law
Negligence
Family Law

CONTACT US

BLOG

CONTACT US
WE ARE HERE TO HELP YOU

Lovejoy And Rimer, P.C.
65 East Avenue,
Norwalk, CT 06851-4907

203-853-4400 ssmith@lovejoyrimer.com

Copyright © 2022 · Lovejoy & Rimer · Disclaimer

Lovejoy & Rimer, P.C.
  • Home
  • Firm Overview
  • Attorneys & Staff
    • John Hall
    • Christopher J. Jarboe
    • Beverly M. Krieger
    • Steven D. Smith
    • Staff
  • Practice Areas
    • Elder Law
      • How to Apply for Medicaid
      • Denied Medicaid Benefits
      • Difficulties in Applying for Medicaid
      • Medicaid Applications and Planning
      • Medicaid (Title XIX) and Elder Law
    • Family Law
      • Divorce
        • Divorce Trials
        • Mediation/Collaborative Divorce
        • Family Owned Business
        • Property/Asset Division
        • Inherited and Gifted Property
        • Premarital Assets
        • Retirement Asset Valuation
        • Employee Benefits Pension Valuation
        • Divorce Arbitration
        • Divorce and the Special Needs Child
      • Complex and High Net Worth Divorce
      • Business Asset Valuation
      • Alimony/Maintenance
      • Child Custody and Support
        • International & Out-of-State Divorce
        • Hague Convention
        • Custodial Interference, Parental Kidnapping / Taking the Child
        • Parental Alienation
        • Relocation and Moving Out-of-State
        • Can I Get Sole Custody?
      • Father’s Rights
      • Post Divorce Modification
      • Unmarried Partners
      • Domestic Violence & Spousal Abuse
        • Restraining Orders and Protective Orders
        • Contempt and Violation of Court Orders
      • Prenuptial Agreements
      • Same-Sex Marriage
    • Foreclosures
    • Landlord / Tenant Law
    • Litigation / Appeals
      • Personal Injury
    • Personal Injury
    • Probate, Wills & Trusts
      • Estate Administration
      • Special Needs Trusts
      • Will Contests
    • Real Estate & Land Use
  • Contact Us
  • Blog