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Texas Divorce and Prenuptial Agreement

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Connecticut Rep Wants Prenups Enforceable No Matter What

Prenuptial agreements are not ironclad, but one state representative in Connecticut is trying to change that for his state. If his bill passes, prenuptial agreements would become enforceable no matter what. His goal is to avoid judges’ being able to change prenups when a divorce comes up because one side appears to have gotten away with something at the other side’s expense. Under the representative’s bill, even entering into a prenup under fraudulent pretenses (for example, if one spouse hides assets from the other) would not render the prenup void. Fortunately, the bill does not appear to have much support amongst other Connecticut representatives.

Other representatives – including several who are lawyers – were concerned that the bill would actually make it easier for spouses to take advantage of their counterparts by using prenups. If courts had to enforce prenups no matter what, less scrupulous spouses could then hide assets or coerce their partners into signing a prenup to the formers’ advantage. State courts would then have no choice but to uphold the prenup. And the solution to this problem from the state representative who sponsored the bill? Caveat emptor, he said, adding “Obviously, someone entering upon a prenuptial agreement should be consulting with an attorney.”

While the bill may not be the best idea, its goal is not far-fetched – ensuring that a court adheres to a couple’s wishes when they divorce, so that the court cannot go around changing things as it sees fit. Experienced attorneys can already help a spouse work with his or her partner to craft a prenup that both sides can expect to stand up in court down the line if the two do in fact decide to part ways.

As with other types of contracts, when fraud or other suspect activity is involved, a court may decide not to enforce the agreement, as the court should do when spouses hide assets from each other or pressure their partners into signing something without independent legal representation. Has your soon-to-be spouse presented you with a prenuptial agreement? Talk to an attorney to make sure you’re comfortable with the terms.

John K. Grubb & Associates, P.C. – Houston divorce attorneys

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