Connecticut Premarital and Prenuptial Agreements
The Uniform Premarital Agreement Act, which was written by the National Conference of Commissioners on Uniform State Law in 1983, encourages the enforcement of prenuptial agreements. The exact UPAA standards differ from state to state just like other divorce laws. The following is the Connecticut state statutes regarding premarital and prenuptial agreements and how they are considered and enforced by the Connecticut court.
Connecticut: C.G.S.A. §§ 46b-36a to 46b-36j
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.
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.
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.
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.
Sec. 46b-36e. Effect of marriage on premarital agreement.
A premarital agreement becomes effective upon marriage unless otherwise provided in the agreement.
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.
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.
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.
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.
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.