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  1. #1
    Join Date
    Jun 2006
    Posts
    11

    Default Re: Division of Assets Under a Prenuptial Agreement

    Yes.
    And the questioWe had pre-nuptial done before getting married. In the pre-nuptial, we listed the amount of money in each individual personal account, assests, boats, cars, & 401K, and claimed to self.

    What is my right to the assest, which I waived the right to disagree if she wants to sell it, but I have put in money to upgrade the house before and after the marriage?

    What is my and her right to the adding amount of money in each individual account and 401K after marriage?

    Besides, after getting married we bought two properties togeter. Both names are on the deed and morgage. Will each party claim 50% regardless who pays more or less on the future renovation?n is as the following:

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Division of Assets Under a Prenuptial Agreement

    Having the terms of your prenuptial agreement interpreted necessarily involves having its actual terms reviewed by the lawyer doing the interpretation.

    Prenuptial agreements in Connecticut are governed by statute, including,
    Quote Quoting Connecticut General Statutes, Sec. 46b-36g. Enforcement of premarital agreement.
    (a) A premarital agreement or amendment shall not be enforceable if the party against whom enforcement is sought proves that:
    (1) Such party did not execute the agreement voluntarily; or

    (2) The agreement was unconscionable when it was executed or when enforcement is sought; or

    (3) Before execution of the agreement, such party was not provided a fair and reasonable disclosure of the amount, character and value of property, financial obligations and income of the other party; or

    (4) Such party was not afforded a reasonable opportunity to consult with independent counsel.
    (b) If a provision of a premarital agreement modifies or eliminates spousal support and such modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid such eligibility.

    (c) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.

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