Connecticut Prenup Statute
Sec. 46b-36a. Short title: Connecticut Premarital Agreement Act. Sections 46b-36a to 46b-36j, inclusive, may be cited as the Connecticut Premarital Agreement Act.
(P.A. 95-170, S. 9, 11.)
History: P.A. 95-170 effective October 1, 1995, and applicable to any premarital agreement executed on or after that date.
Sec. 46b-36b. Definitions. As used in sections 46b-36a to 46b-36j, inclusive:
(1) “Premarital agreement” means an agreement between prospective spouses made in contemplation of marriage.
(2) “Property” means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, tangible or intangible, including income and debt.
(P.A. 95-170, S. 1, 11.)
History: P.A. 95-170 effective October 1, 1995, and applicable to premarital agreements executed on or after that date.
Sec. 46b-36c. Form of premarital agreement. A premarital agreement shall be in writing and signed by both parties. It shall be enforceable without consideration.
(P.A. 95-170, S. 2, 11.)
History: P.A. 95-170 effective October 1, 1995, and applicable to premarital agreements executed on or after that date.
Sec. 46b-36d. Content of premarital agreement. (a) Parties to a premarital agreement may contract with respect to:
(1) The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
(2) The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
(3) The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
(4) The modification or elimination of spousal support;
(5) The making of a will, trust or other arrangement to carry out the provisions of the agreement;
(6) The ownership rights in and disposition of the death benefit from a life insurance policy;
(7) The right of either party as a participant or participant’s spouse under a retirement plan;
(8) The choice of law governing the construction of the agreement; and
(9) Any other matter, including their personal rights and obligations.
(b) No provision made under subdivisions (1) to (9), inclusive, of subsection (a) of this section may be in violation of public policy or of a statute imposing a criminal penalty.
(c) The right of a child to support may not be adversely affected by a premarital agreement. Any provision relating to the care, custody and visitation or other provisions affecting a child shall be subject to judicial review and modification.
(P.A. 95-170, S. 3, 11.)
History: P.A. 95-170 effective October 1, 1995, and applicable to premarital agreements executed on or after that date.
Sec. 46b-36e. Effect of marriage on premarital agreement. A premarital agreement becomes effective upon marriage unless otherwise provided in the agreement.
(P.A. 95-170, S. 4, 11.)
History: P.A. 95-170 effective October 1, 1995, and applicable to premarital agreements executed on or after that date.
Sec. 46b-36f. Amendment or revocation of premarital agreement after marriage. After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation shall be enforceable without consideration.
(P.A. 95-170, S. 5, 11.)
History: P.A. 95-170 effective October 1, 1995, and applicable to premarital agreements executed on or after that date.
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.
(P.A. 95-170, S. 6, 11.)
History: P.A. 95-170 effective October 1, 1995, and applicable to premarital agreements executed on or after that date.
Connecticut Premarital Agreement Act endorses, clarifies and codifies McHugh standards and does not require attachment to the agreement of written financial disclosures, signatures of both parties if signed by party seeking to invalidate the contract, and delivery of the agreement to each signing party. 48 CS 502.
Subsec. (a):
Presentation of draft of prenuptial agreement 1 week before wedding is not sufficient to show lack of opportunity of adequate financial disclosure by defendant, where defendant informed plaintiff 2 months before the wedding that defendant wanted a prenuptial agreement; demonstration of reasonable opportunity to consult with legal counsel under section only requires opportunity for consultation, consistent with interpretation of identical statutory language. 281 C. 166.
Prenuptial agreement that disclosed approximate property holdings and other financial obligations but failed to provide sufficient income information was unenforceable under Subsec.; “fair and reasonable disclosure” need not be exact but must at least provide a general approximation of amount, character and value of property, financial obligations and income. 132 CA 609.
Sec. 46b-36h. Enforcement of premarital agreement when marriage void. If the marriage is held void or voidable, an agreement that would otherwise have been a premarital agreement shall be enforceable only to the extent necessary to avoid an inequitable result.
(P.A. 95-170, S. 7, 11.)
History: P.A. 95-170 effective October 1, 1995, and applicable to premarital agreements executed on or after that date.
Sec. 46b-36i. Statute of limitations re claims under premarital agreement. Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement, except that equitable defenses limiting the time for enforcement, including laches and estoppel, shall be available to either party.
(P.A. 95-170, S. 8, 11.)
History: P.A. 95-170 effective October 1, 1995, and applicable to premarital agreements executed on or after that date.
Sec. 46b-36j. Premarital agreements made prior to October 1, 1995, not affected. Nothing in sections 46b-36a to 46b-36j, inclusive, shall be deemed to affect the validity of any premarital agreement made prior to October 1, 1995.
(P.A. 95-170, S. 10, 11.)
History: P.A. 95-170 effective October 1, 1995, and applicable to premarital agreements executed on or after that date.
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