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