Sol Mahoney Premarital Agreement

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Premarital Agreements

A premarital agreement is one made by parties in contemplation of marriage and must comply with the ordinary principles of contract law.  Connecticut passed the premarital act on October 1, 1995.  Post Nuptial agreements are enforceable in Connecticut courts and must also adhere to basic contract principles.

The terms of a premarital agreement, also known as prenuptial or antenuptial agreement, create a legally binding contract between two people that are planning to get married. Through a prenup, spouses can enter into various agreements about property and income, such as how their separate property will be treated during marriage and in the event of a divorce. Even though separate property generally remains separate property after a divorce, for some with very sizable estates or those going into a second marriage, it’s important to be specific. Couples can also make decisions about how their joint or marital property, assets, and income will be treated during the marriage and in the event of a divorce. Additionally, many prenuptial agreements address limitations on future spousal support if a divorce is proceeding. However, prenuptial contracts must meet their own unique and very stringent set of requirements in order to be considered valid. Assuming there is complete financial disclosure and the prenuptial agreement does not violate any statute or public policy, the court’s main focus will be comparing the circumstances of the parties at the time of the execution with the parties’ financial condition at the time of the divorce. This factor has generated the most significant amount of controversy. If you are planning on entering into a prenuptial agreement with your fiancé, attorney Mahoney can guide you and your future spouse through the process so that you can understand how the agreement will affect your rights.

The main requirements of a valid Premarital agreement are:

  1. The agreement cannot be unconscionable at the time it is entered into.
  2. The parties must fully disclose their finances to each other.
  3. Each party must be given a reasonable opportunity to seek independent counsel for advisement prior to signing the agreement.
  4. The agreement cannot be unconscionable at the time of enforcement.

Postnuptial agreements are similar to premarital agreements but are arranged when the couple is already married. There are many reasons to consider a postnuptial agreement. Life circumstances change as does income, inheritance, business ownership, and so on. The conditions for making a valid postnuptial agreement are the same as prenuptial ones. Connecticut was one of the most recent states to decide in favor of allowing postnuptial agreements. As with any contract, the details remain very important to proper execution and validity in the court’s eyes. Attorney Mahoney can create and advise you regarding postnuptial agreements.

In addition to drafting premarital agreements, Attorney Mahoney has experience both with presenting a premarital agreement to the court for enforcement and with representing clients in court who sought  to have the premarital agreement deemed unenforceable.

Sol Mahoney is one of the top attorneys in town in my book. Professional. Thorough. Consistently reachable. Responsive. Don’t need to ever call anyone else for my legal representation. 

T.Z.

I refer all of my clients to Sol. He has never disappointed and believe me, I have thrown him some doozies. He is always responsive and as competent as they come. Great lawyer! 

K.T.

I have had the pleasure of knowing Attorney Mahoney for over 25 years. His integrity, commitment, and dedication to his clients are second to none. We have worked on several matters together over the years and on each occasion, we resolved our matters efficiently and effectively on behalf of our respective clients. I would highly recommend Attorney Mahoney to anyone seeking quality and effective legal representation. 

J.M.