If you have questions about divorce, legal separation, postnuptial, or alimony in Connecticut, please feel free to call the experienced divorce attorneys at Maya Murphy, P.C. in Westport today at 203-221-3100 or email Joseph C. Maya, Esq. at JMaya@Mayalaw.com.

The court found that a postnuptial agreement was not enforceable because the terms were not fair and equitable to plaintiff wife at the time of execution.

The wife sought dissolution of the parties marriage in August 2007, and initiated action for permanent alimony and equitable distribution of the parties’ real and personal property. In response, the defendant filed a cross complaint for enforcement of a post nuptial agreement the parties executed on Dec ember 10, 1977. The postnuptial agreement was modified by way of handwritten amendment on five occasions, with the most recent on May 18, 1989. At the time of dissolution, the agreement would provide the wife with a  cash settlement instead of alimony.

After due hearing, the court found that the standard of review for a postnuptial agreement was whether the terms were fair and reasonable at the time of execution, and whether the postnuptial agreement was unconscionable at the time of parties’ dissolution. The court reasoned that the agreement was not enforceable due to the dramatic change in the parties’ economic circumstances since its execution. While the agreement complied with contractual requirements, it did not coincide with interests of public policy.

For a free consultation, please do not hesitate to call the experienced family law and divorce attorneys at Maya Murphy, P.C. in Westport, CT at 203-221-3100. We may also be reached for inquiries by email at JMaya@mayalaw.com.

Source: Bedrick v. Bedrick, 2011 Conn. LEXIS 141, (Conn. 2011).