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Is your spouse attempting to invalidate your prenup in a divorce?

Before getting married, you may have spent a substantial amount of time working through the creation of a prenuptial agreement. The goal then was to sort out some financial issues and provide a plan for dividing assets and debts should the marriage end. Now that you are in the initial stages of a divorce, your spouse is asking a Connecticut court to invalidate your prenup. Do you know why?

Several factors could make your prenuptial agreement invalid. One of the simplest reasons is that it was not properly executed. You and your spouse may have handled the agreement on your own without the benefit of legal counsel, and may not have been aware of the proper way to execute it. In fact, if each of you failed to at least consult with an attorney prior to signing the agreement, that could be the way your spouse is attempting to get it thrown out now.

Hopefully, you provided your spouse with full disclosure of your financial situation and assets prior to executing the agreement. If you left anything material out or failed to be 100 percent truthful, that could also cause a Connecticut court to rule part or all of your prenup invalid. Regardless of what you and your spouse agreed to, if the agreement would put your spouse at a significant financial disadvantage, the court may not uphold your agreement.

If your prenuptial agreement is ruled invalid by the court, it will be necessary to go back, divide your property and handle other issues during the divorce proceedings. It may be possible to negotiate a settlement agreement outside the courtroom. However, if that just is not possible, you will more than likely need to prepare for litigation. In either case, an attorney could prove invaluable.

Source: FindLaw, "Top 10 Reasons a Premarital Agreement May be Invalid," accessed on July 30, 2017

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  • Hi Yuliana and Attorney Prince, Thank you so much for taking time out of your busy day to meet with me. I really appreciated how compassionate you were while listening to my situation, even through my tears. Thank you so much for sharing such valuable information with me. I left feeling very hopeful that when the dust settles, I’ll be ok.
  • Wendy helped guide us through a very difficult and emotional process and was really able to provide an even and fair account for both parties. It's quite evident in her expertise in this area but the way she was able to make you feel safe and secure in a very insecure time goes far beyond her legal prowess. If the two parties are really willing to cooperate and collaborate, she's there to help gain the best possible solution for all involved, especially if there are children.
  • Regardless of how committed one is to the fact that divorce may be imminent and necessary, it is truly one of the most emotional and stressful situations one can experience. It can also be daunting. Wendy has a remarkable ability to cut through the noise and help you focus on the big picture while drilling down on what is most pertinent to your particular situation., they are a formidable team who work collectively with your best interests in mind.
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