A Connecticut prenuptial agreement is a legal contract entered into by individuals before marriage to outline the division of assets, debts, and other financial matters in the event of divorce. It offers couples a proactive means of addressing financial concerns and protecting their individual assets, providing clarity and security for both parties entering into marriage.
For a prenuptial agreement to be valid, it must be in writing and signed by both parties voluntarily. Courts won’t uphold agreements that compromise a child’s right to essential support. Full and fair disclosure of assets, debts, and income is essential, and both parties should have the opportunity to review the agreement and seek independent legal advice before signing.
Legal Considerations
Laws:
- Sec. 46b-36a – Short title: Connecticut Premarital Agreement Act
- Sec. 46b-36b – Definitions
- Sec. 46b-36c – Form of premarital agreement
- Sec. 46b-36d – Content of premarital agreement
- Sec. 46b-36e – Effect of marriage on premarital agreement
- Sec. 46b-36f – Amendment or revocation of premarital agreement after marriage
- Sec. 46b-36g – Enforcement of premarital agreement
- Sec. 46b-36h – Enforcement of premarital agreement when marriage void
- Sec. 46b-36i – Statute of limitations re claims under premarital agreement
- Sec. 46b-36j – Premarital agreements made prior to October 1, 1995, not affected
Signing Requirements: The agreement must be in written form and signed by both parties. It is enforceable without the need for consideration (Sec. 46b-36c).
Dividing Property: Equitable division (Sec. 46b-81).
Enforceability Requirements
- Essential Terms for Validity: Must be written, lawful, and signed by both parties, ideally notarized. It must be voluntary, with full financial disclosure by both.
- Terms to Exclude: Provisions violating public policy or statutes imposing criminal penalties. Child support rights cannot be negatively impacted, and provisions concerning child custody, visitation, or other child-related matters are subject to judicial review and modification. Exclude any term that modifies or eliminates spousal support and results in the other spouse being eligible for public assistance.
- Additional Requirements: Modifying or nullifying a premarital agreement after marriage requires a written agreement signed by both parties. Any amendments or revocations are valid without requiring additional consideration (Sec. 46b-36f).
