We would like to know the requirements of a valid prenuptial agreement?
Full Question:
We are planning on getting married in a few months. Both of us are residing in Connecticut. I’d like to enter into a pre-nuptial agreement as I inherited some property from my grandmother that I’d like to keep separate from my husband for sentimental reasons. I would like to know what are the requirements of a valid prenuptial agreement in Connecticut?
11/09/2016 |
Category: Marriage » Premarital A... |
State: Connecticut |
#26471
Answer:
The premarital agreements in Connecticut are governed by the Premarital Agreement Act (PAA). The foremost requirement of the prenuptial agreement is that both parties must enter the agreement voluntarily, and it must be signed by both parties. The law requires that the parties should have a fair and reasonable disclosure of the assets, financial obligations and income of the other spouse before signing the agreement. If one of the parties did not have reasonable opportunity to obtain guidance of an independent attorney, the prenuptial agreement may not be enforceable. Also, the terms of the agreement should be fair and should not be unconscionable.
It would be better to sign the agreement in the presence of a notary public. Also, it must be kept in mind that the courts will determine the conscionability of the prenuptial agreement, and would refuse to enforce an agreement if found unconscionable when executed, or at the time of enforcement.
