Although no one enters a marriage expecting to get divorced one day, a prenuptial agreement is a good idea for many reasons. It provides you and your spouse with a sense of stability and peace of mind knowing how you will handle property division and financial issues if you divorce.
Connecticut refers to prenuptial agreements as premarital agreements. They are written documents signed by both you and your spouse before your marriage detailing how you will divide your marital property and any other financial arrangements in the event of a divorce.
You may find yourself in a situation where you are married with a valid premarital agreement that no longer works for you. Changes in your and your spouse’s lives over the course of your marriage are guaranteed, some minor and some major.
When you can revoke your agreement
Some circumstances may allow you to revoke your premarital agreement. Connecticut law allows a premarital agreement to be declared void if you prove:
- You did not voluntarily enter the agreement
- You did not receive a fair disclosure of your spouse’s income, debts or property before signing
- You did not have a reasonable opportunity to consult with your own attorney before signing
- The agreement was unconscionable
An unconscionable premarital agreement is one that contains terms that are so unfair that it would be unjust to enforce them against you. The decision of whether the terms are unconscionable is left up to a judge.
The premarital agreement can be declared unconscionable when you first signed it before you got married, or after you are married, if the terms would be unfair to enforce.
For example, if you had a high income when you got married and signed a premarital agreement agreeing to pay your spouse a large sum of monthly alimony if you got divorced, but you’ve now lost your job, forcing you to pay this amount now might be unconscionable.
You must provide evidence if you want to have your premarital agreement declared void. Doing this can be challenging, and you may not know where to start. Divorce attorneys understand the law surrounding premarital agreements and can provide valuable information.