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We conclude that postnuptial agreements are valid and enforceable and generally must comply with contract principles. We also conclude, however, that the terms of such agreements must be both fair and equitable at the time of execution and not unconscionable at the time of dissolution. LaFrance v. Lodmell, 322 Conn.

Postnuptial agreements can be carried out at any time during a marriage. It doesn?t matter if the couple just got married last month or if they? ve been married for 20 years. Postnuptial agreements are ideal for couples who have experienced a lot of change in their relationship, a change in financial status, or both.

In some states, postnuptial agreements may not be upheld if both parties were not given the opportunity to review and discuss the terms of the agreement with their own, separate attorneys. Whether a postnuptial agreement will be enforced or not depends, to a large extent, on what state you live in.

A postnuptial agreement cannot provide enforceable terms for child support or custody. However, it can include provisions for alimony since that is considered separately from a spouse's duties as a parent. (We have seen agreements that have a provision for child support, but it is not enforceable.

It is possible to make changes to these agreements, or even revoke it if desired.

And, if one spouse doesn't like the terms of the agreement, the wedding can be canceled or postponed. However, a postnuptial agreement is often scrutinized more heavily by the courts. Because the couple is already married, one spouse may be in a weaker position to negotiate the contract and could be taken advantage of.