A Connecticut postnuptial agreement is a legally binding document designed to protect the interests of both parties after they exchange vows, helping clarify financial responsibilities and divide assets.
Couples enter prenuptial agreements prior to marriage, thereby differentiating “postnups” from “prenups.” While both contracts can contribute to individuals’ financial assurance, postnuptial agreements are subject to distinct legal stipulations.
Legal Considerations
While there are no specific statutes governing postnuptial agreements in the state, their validity and enforceability are determined through case law and common law principles, as well as considerations of fairness, voluntariness, and full disclosure of assets and liabilities.
- Signing Requirements: The agreement must be in writing and signed by both spouses voluntarily, without any coercion or duress (Bedrick v. Bedrick, 17 A.3d 17, 300 Conn. 691, 17 A.2d 17 (Conn. 2011)).
- Dividing Property: Equitable division (Sec. 46b-81).
Understanding Postnuptial Agreements in Connecticut
Fairness
- Courts evaluate an agreement’s fairness by looking at how it was implemented.
- Factors considered include the complexity of its terms, how assets are distributed, the characteristics of the spouses, and whether each spouse had the chance to review the agreement and seek independent legal advice.
Sec. 46b-36 (Formerly Sec. 46-9) – Property Rights of Spouse Not Affected by Marriage
- Spouses do not automatically gain rights to each other’s pre-marital or post-marital property, except for survivorship rights as detailed in sections 45a-436 and 45a-437.
- Each spouse retains the ability to enter contracts, convey property, and initiate legal actions independently, with limited liability for the debts of the other spouse as outlined in section 46b-37.
