A Connecticut prenuptial agreement is a written contract that two people sign before they marry. It decides how property, debt, and spousal support are handled during the marriage and if it ends.[1.4] Both partners must sign it.[1.3] It cannot lower a child's right to support.[1.4]
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Last Updated: September 2026. This guide is checked against the statute sections and court guidance listed under Sources. If you notice an error or outdated information, please contact us.
A prenuptial agreement goes by two other names in state statutes and court opinions. State law calls it a premarital agreement, meaning an agreement between prospective spouses made in contemplation of marriage.[1.2] The state's law library guide also calls it an antenuptial agreement.[2]
State law defines property broadly, so the agreement can reach future income as well as what each partner owns today. 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.[1.2]
Sections 46b-36a to 46b-36j of the General Statutes may be cited as the Connecticut Premarital Agreement Act.[1.1] The act sets the form a prenup must take, what it can cover, when it takes effect, and when a judge will refuse to enforce it. Its rules govern prenups signed on or after October 1, 1995.[2]
Section 46b-36c sets the form. The agreement must be in writing and signed by both parties.[1.3] It is also enforceable without consideration, so neither partner has to give money or property in exchange for the other's signature.[1.3]
Each partner must sign voluntarily, after the other partner fairly discloses their assets, debts, and income.[1.7] Neither partner has to hire an attorney, but each must have a reasonable opportunity to consult independent counsel first.[1.7] A partner who proves that one of these conditions was missing can defeat the agreement.[1.7]
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These rules tell couples when the agreement starts and how it can change:
The act does not affect the validity of any premarital agreement made prior to October 1, 1995.[1.10] Courts review those older agreements under the equitable rules of McHugh v. McHugh, 181 Conn. 482 (1980).[3] Under that case, a judge enforces pre-1995 prenuptial agreements when:[2]
For example, suppose both partners earned about the same when they married and waived alimony in case of divorce. If one later went bankrupt and the other became rich, a judge may find that enforcing the waiver would be unjust.
Prenuptial agreements can cover almost any financial issue between spouses. Section 46b-36d lets partners set 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.[1.4] The list runs on through spousal support, life insurance, and retirement plans. It ends with a catch-all for any other matter, including their personal rights and obligations.[1.4]
The statute lets partners contract about these matters:[1.4]
Provisions about wills and trusts let a parent from an earlier marriage protect their children's inheritance.[1.4]
Some limits apply however the agreement is written:[1.4]
Couples can still include custody provisions, but a judge decides whether to follow those provisions.[1.4]
Yes. Connecticut courts enforce prenuptial agreements unless the spouse challenging one proves a ground listed in Section 46b-36g of the General Statutes. The four grounds are involuntary consent, unconscionability, missing financial information, and no reasonable opportunity to consult a lawyer.[1.7]
A judge will not enforce a prenuptial agreement if the party resisting it proves one of these:[1.7]
An issue of unconscionability is decided by the court as a matter of law.[1.7]
The state Supreme Court explained this rule in Friezo v. Friezo, 281 Conn. 166 (2007). The fairness test looks at the nature, extent, and accuracy of the financial information, not at outside factors such as when it was shared.[3] It also held that a partner does not need a detailed understanding of state divorce law to validly waive statutory rights in a prenup.[3]
A simple way to document what you shared is to attach a financial statement that lists each partner's assets, debts, and income.
No. Connecticut divides marital property by equitable distribution, not by an automatic half-and-half split. Under Section 46b-81, the Superior Court may assign to either spouse all or any part of the estate of the other spouse.[4] A prenuptial agreement replaces that default. It lets a couple decide in advance how property is divided upon separation, marital dissolution, death, or any other event.[1.4]
Making a prenup takes five steps: disclose your finances, draft the terms, give each partner time to consult a lawyer, sign the written agreement, and keep it current. The most common mistakes are the ones that give a spouse grounds to challenge it later, such as a pressured signature, an incomplete financial picture, or a rushed review.[1.7]

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