It’s reasonable to assume that prenups are legally binding. After all, they’re written contracts that both parties enter into willingly. Upon getting divorced, though, many couples are surprised to learn that the document they signed does not hold up in family law court. If you’re recently engaged and you and your future spouse have decided to draft a prenuptial agreement, here’s what you should know to ensure it’s ironclad. 

When a Prenup’s Terms Are Binding 

In order for a prenup to hold up in a Connecticut court, both parties must have signed the document without coercion in the presence of a notary public. Additionally, both must have had the opportunity to consult with their own attorney prior to signing. Finally, the agreement must be reasonable and fair in all its terms. 

When a Prenup Can Be Overturned 

There are more than a dozen scenarios in which a prenup can be overturned. The couple can opt to amend or revoke the agreement themselves after marriage simply by signing a new contract, for example. In the event of a divorce, there are also situations in which the court can override a prenup. If it’s clear one party signed under duress, the contract will be void. Prenups that do not include full disclosure of both party's assets and debts can also be voided. Finally, judges can choose to overturn provisions they deem unfair to one of the parties. 

There are also scenarios in which specific terms of a prenup can be thrown out, even if the document as a whole is valid. For example, you cannot decide child support or custody in a prenup. Likewise, a prenup cannot include provisions that encourage divorce or terms that state preferences regarding personal matters, like who has to do which chores and where the family will spend each holiday. 

If you need help drafting, reviewing, or modifying a prenup, turn to the family law team at D’Agosto & Howe LLC in Fairfield County, CT. This firm is led by two seasoned lawyers who have nearly 50 years of combined experience between them. They know how to create a prenup that will hold up in court. With a commitment to providing personalized service and attentive counsel from day one, they give every case the attention it deserves. Whether you need a criminal defense lawyer or a family law attorney, you can count on them for strategic guidance at every stage. To explore all the services they provide, visit their website. To schedule your free consultation, call (203) 712-0210.