Connecticut Postnuptial Agreement Clauses

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US-APP1C
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Description

This document contains several post-nuptial agreement clauses. The subjects addressed are: Guarantee of support payments and the purchase of a second house as one spouse's separate property. The husband agrees to purchase a second house as wife's separate property in exchange for her waiver of all interest in his business venture.

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FAQ

With a postnuptial agreement, the couple is already legally bound and the spouses owe a fiduciary duty to each other. There may be a concern that the provisions in a postnuptial agreement were not bargained for because one spouse did not really have a choice about signing the agreement.

Postnuptial agreements are generally enforceable if the parties of the document adhere to all state laws regarding inheritance, child custody, visitation and monetary support if a divorce does occur.

§ 46b-36d(c) (2021). Today we are presented for the first time with the issue of whether a postnuptial agreement is valid and enforceable in Connecticut. . . We conclude that postnuptial agreements are valid and enforceable and generally must comply with contract principles.

Absent such unusual circumstances, however, prenuptial agreements freely and fairly entered into will generally be honored and enforced by the court as written.

Postnuptial agreements are generally enforceable if the parties of the document adhere to all state laws regarding inheritance, child custody, visitation and monetary support if a divorce does occur. Property division is one of the primary concerns with a postnuptial agreement.

In fact, prenuptial and postnuptial agreements can only include information about financial matters and so should not include terms related to family matters, physical arrangements, or employment.

Postnuptial agreements are generally enforceable if the parties of the document adhere to all state laws regarding inheritance, child custody, visitation and monetary support if a divorce does occur.

Although all states allow you to revoke a prenuptial agreement, some do not allow you to modify the agreement after marriage, and a postnuptial agreement will have limited or no effect.

What Is Typically Included In a Postnuptial Agreement?How the couple will divide property and other assets in the event their marriage ends.Whether one spouse will pay spousal support and how for long such support payments will be continued.More items...

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Connecticut Postnuptial Agreement Clauses