The Connecticut Premarital Agreement Act
Connecticut enacted the Connecticut Premarital Agreement Act (C.G.S. §§ 46b-36a through 46b-36j) in 1995. The Act governs the enforceability of prenuptial agreements signed on or after October 1, 1995. Postnuptial agreements, entered into after marriage, are governed by common law, and Connecticut courts apply the framework articulated in Bedrick v. Bedrick (Conn. 2011).
When an agreement is unenforceable
Under the Act, a prenuptial agreement is enforceable unless the party seeking to avoid it proves that: (1) the agreement was not signed voluntarily; (2) it was unconscionable when signed or at enforcement; (3) the other party did not provide fair and reasonable disclosure of property and financial obligations before signing; or (4) the contesting party was not afforded a reasonable opportunity to consult with independent counsel.
Three issues that recur in Fairfield County
In Fairfield County, where prenuptial agreements are common given the asset profile of the resident base, three issues recur in enforcement disputes: completeness of disclosure, opportunity for independent counsel, and the time interval between signing and the wedding. A short interval, measured in days, increases scrutiny. Counsel typically recommends signing several weeks in advance, with full schedules of assets and liabilities attached.
Postnuptial agreements and the Bedrick standard
Postnuptial agreements face a different standard. Under Bedrick, a postnuptial agreement is enforceable only if it was entered voluntarily, with fair disclosure, and is fair and equitable both when executed and when enforced. The doubled fairness check, at signing and at enforcement, gives Connecticut courts a wider lens than they apply to prenuptial agreements.
What good drafting addresses
Drafting matters. A well-prepared prenuptial or postnuptial agreement addresses property characterization, treatment of appreciation on separate property, alimony in defined scenarios, and sunset or modification clauses for long marriages. Boilerplate templates rarely survive scrutiny in a contested Fairfield County dissolution.
Common questions
- Are prenuptial agreements enforceable in Connecticut?
- Yes. Connecticut enforces prenuptial agreements under the Connecticut Premarital Agreement Act, provided the agreement is in writing, signed voluntarily, preceded by fair and reasonable financial disclosure, and not unconscionable when enforcement is sought.
- How far before the wedding should a prenup be signed?
- As early as possible. Agreements signed close to the wedding date invite arguments about pressure and voluntariness. Several months of lead time removes that argument entirely.
- Does each person need their own attorney?
- It is not strictly required, but independent counsel on both sides is one of the strongest protections against a later challenge.
- Can a prenup decide child custody or child support?
- No. Connecticut courts decide custody by the best interest of the child and set support under the state guidelines. A prenuptial agreement cannot bind the court on either.
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