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Could your prenuptial be contested

posted in Prenuptial Agreements

on Thursday, February 28, 2013.

Any realistic couple choosing to marry knows the likelihood that they will get divorced. Many soon-to-be spouses in Connecticut are aware of this and choose to protect themselves from it to the best of their abilities with a prenuptial agreement. Once thought reserved only for the wealthy, these documents are appearing more and more frequently as many couples realize the important effects they can have on a divorce and the division of property, should it happen.

But some people do not realize that a prenuptial can be shot down by a family law judge. This depends on several different factors, so couples should be aware of them when drafting the agreement. One such factor is the inclusion of spousal support. According to some legal experts, a prenuptial that is completely free of spousal support may not be considered legitimate and could be voided by the courts.

For example, a woman and a man plan to get married. She was injured during an accident before the two became a couple and used a large portion of her money to pay medical and living expenses. Since then, the man has used his income to repay her debts. Partially because of this, he has little in his savings fund. He owns his home and expects an inheritance, so he is worried about the effects of a possible divorce.

Because of what he’s already done, he does not believe he should have to pay spousal support. In addition, he is worried about the inheritance he is expecting from his parents. According to experts, his inheritance and home can be protected by a prenuptial agreement. The issue here is that he does not want to pay spousal support – something that his spouse will likely not agree with. If she does, it is possible that the courts will negate the validity of the document, leaving the assets she and he want to protect vulnerable to division.

Source: Columbus Dispatch, “Wholly Matrimony: Pre-nup with no support might not stand,” Feb. 17, 2013

Tags: divorce, family law, prenuptial agreement

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