Bridgeport Postnuptial Agreement Lawyer
Postnuptial agreements are less heard of than their counterpart, prenuptial agreements. This does not mean that they are any less valid or important. The two types of agreements are in essence the same, but differ in time. A prenuptial agreement is created and signed before a marriage takes place. A postnuptial agreement happens after a couple is already married.
There are several reasons why a person may ask for a postnuptial agreement. If either spouse’s financial situation has changed drastically or if there was a separation and now the couple is reconciling. A Bridgeport postnuptial agreement lawyer can help you understand this type of agreement better and how it can be used beneficially in your life. Each spouse should have their own lawyer representing them, so as to reduce any chances of bias. A compassionate family law attorney for each side can better fight for what is in the best interest of each side.
Postnuptial Agreement Advantages
There are several benefits to entering into a postnuptial agreement, including:
- Ability to enter into a new business that requires investors or partners to create a postnuptial agreement that safeguards the business
- Allows a separated couple to reconcile, especially if there were financial concerns that led to the separation
- Clearly delineate each person’s property and assets in case of a future divorce
- Discuss how spousal support may be calculated
- Include any clauses that would negate the agreement (infidelity may increase or decrease spousal support amounts)
Connecticut Law on Postnuptial Agreements
Courts in Connecticut have found no reason why a married couple should not be able to enter into this sort of agreement between themselves. However, the court also states that it will apply a stricter scrutiny to these types of agreements.
Often when creating a contract with a spouse, one may not want to fight as hard for things they may be entitled to. Therefore, they end up in an agreement that does not benefit them at all. While courts will uphold postnuptial agreements they will also pay much closer attention to them to make sure that neither side has a much larger advantage than the other.
Understanding Strict Scrutiny
Strict scrutiny in this context means that the contract was fair and equitable when it was created and would not be unconscionable when it is being enforced. What this means is that when it was created, both sides were treated fairly in the agreement. This requires the court to look at a number of factors such as the age of the parties when it was created, their sophistication, employment, education, other marriages, and whether each side had their own Bridgeport postnuptial agreement lawyer representing them.
If couples at a point of divorce are using the postnuptial agreement, it cannot be unconscionable. This usually requires a court to look at the financial status of each party at the moment of divorce. It includes looking at whether there are now children in the marriage, if the couple has moved, or if one person has given up a career after the postnuptial agreement. All of these factors combined will determine if enforcing the postnuptial agreement would be unconscionable.
Contact a Bridgeport Postnuptial Agreement Attorney
If you are considering a postnuptial agreement, you should meet with a Bridgeport postnuptial agreement lawyer as soon as you can. Not only do you want your lawyer to review the contents of the agreement but also to negotiate to make it fairer for you.