On behalf of Siegel, Colin & Kaufman | Nov 30, 2020 | Prenuptial And Postnuptial Agreements
Prenuptial agreements can protect both parties when you do them correctly. However, mistakes in the document or the circumstances surrounding it can make a judge throw it out.
The Connecticut General Assembly explains there are certain factors you can prove that would make the prenuptial agreement void and unenforceable by the court.
Representation
Both you and your spouse must have had your own legal representation when creating and signing the agreement. If you did not have a chance to consult with an attorney before signing it, then the court may deem it void.
Consent
Both parties must sign a prenuptial agreement voluntarily. If you can show that you signed it under duress or some other situation that made it difficult for you to refuse to sign, then the court may invalidate the agreement.
Provisions
There are certain provisions the law says cannot be in a premarital agreement. If the agreement would leave one of you in a financial state where you would need public assistance, then it is not valid. Specifically, the rule applies to eliminating or modifying spousal support in such a way that it leaves one spouse destitute and does not apply if both of you will have financial difficulties after the divorce.
Reasonable and fair
While the law allows you to do almost anything with a prenuptial agreement, it does require that it be reasonable and fair. It cannot make outlandish demands or leave one person completely out in the cold. If you can show the agreement is unreasonable or blatantly unfair, either now at the time of enforcement or when you originally created it, then the court will nullify it.