What Is a Connecticut Prenuptial Agreement?
Connecticut General Statutes § 46b-36b defines a premarital agreement as “an agreement between prospective spouses made in contemplation of marriage.” In other words, it is an enforceable contract created between two people before marriage. The document helps them classify their property as shared or separate, then decide how to handle each in the event of divorce. A postnuptial agreement in Connecticut is a contract made between spouses after marriage involving the same concepts.
Connecticut is an equitable distribution state, meaning that in a divorce settlement, courts divide property based on what they consider fair. Rather than dividing 50/50, a judge looks at points such as the length of the marriage and financial contributions to divide assets fairly. A prenuptial agreement allows a couple to decide on the distribution themselves.
How to Write a Prenuptial Agreement in Connecticut
Follow these steps to write a legally binding prenup using the Legal Templates Connecticut prenuptial agreement forms:
- Add Basic Information: Include both parties’ names, backgrounds, and addresses.
- Discuss Property: Detail how shared or separate property should be divided. This includes both property already owned and any property acquired during the marriage.
- Consider Business Matters: Decide on business ownership percentages.
- Decide on Debts: Disclose any debts, including loans and credit card debt. Choose who should be responsible for paying which debts.
- Mention the Marital Home: Describe what will happen to your house in a divorce.
- Select Spousal Support Terms: Decide if one party will pay alimony after divorce. The right to spousal support may be waived in a Connecticut prenuptial agreement.
- Add Details and Agree: Detail any additional terms, review, and sign.
Sample Connecticut Prenuptial Agreement
Below, you can view a sample of a Connecticut prenuptial agreement. When you’re ready, you can customize this template with Legal Templates and then download it in PDF or Word format.
Legal Requirements in Connecticut
CT Gen Stat 46b-36a through 46b-36j covers prenuptial agreements. This is the state’s version of the Uniform Premarital Agreement Act, or UPAA.
Signing
According to CT Gen Stat § 46b-36c, both parties must sign the agreement voluntarily. It can be easier to prove this with the presence of a Connecticut notary who acknowledges the identity of both parties.
Enforceability
CT Gen Stat § 46b-36g says that a prenuptial agreement is unenforceable in Connecticut if a judge determines that:
- One party did not execute the agreement voluntarily
- The agreement is unconscionable, meaning unfair enough that a reasonable person would not agree to the terms
- One party did not truthfully disclose the amount, character, and value of property, their financial obligations, or income before the agreement
- One party did not have a reasonable opportunity to consult with independent legal counsel
Additionally, suppose a prenup modifies or eliminates spousal support, causing one party to be eligible for public assistance at the time of separation. In that case, a court may require the other party to provide support regardless of the agreement.
In an annulled or voided marriage, a Connecticut court will enforce a prenuptial agreement only to the extent necessary to avoid an unfair result, according to CT Gen Stat § 46b-36h.
Financial Disclosure
Both parties must disclose all debts, assets, and properties and how much each is worth, then attach relevant documentation to the premarital agreement. If a party fails to provide a full and honest disclosure at the time the agreement is signed, the prenup may not be enforceable.
Excluded Terms
A couple cannot decide on child custody and child support provisions in their prenuptial agreement, as this may lead to inadequate care for a child after a divorce. If child custody terms are in a prenup, the court will still review them to determine if they are in the best interest of the child. If necessary, lawyers will argue child custody and support separately for the court to decide, per CT Gen Stat § 46b-36d.
Attorney Representation
Attorney representation is not mandatory for a prenuptial agreement in Connecticut. However, when lawyers are involved in the process, each party should have access to their own separate attorney to ensure fairness and impartiality.
Modifications
After marriage, a couple may amend or revoke their premarital agreement. As per CT Gen Stat § 46b-36f, this requires a written agreement signed by both parties. The spouses may again consider notary acknowledgement to prove their willing signatures.
