Connecticut Prenuptial Agreement Form

Before you decide to get married, it is advisable to think about where to spend your honeymoon and some other pragmatic things. For instance, you should consider filling out the Connecticut Prenuptial Agreement Form if you reside in the state.

Nowadays, prenups are no longer a prerogative of Hollywood movie stars. These documents have become necessary for couples who decide to tie the knot and protect their premarital savings and belongings.

A prenuptial agreement is a binding contract between future spouses, reflecting a mutual intention to separate their property, assets, including marital ones, if they decide to file for divorce. The agreement also defines how that property will be shared during their marriage.

According to local and federal law, one’s property received or acquired before marriage should remain in possession of the spouse to whom it belonged initially. Still, additional confirmation of this would never hurt. Often, a prenuptial agreement is concluded by people getting married for the second time (or more) and who already have children from a previous relationship. This agreement helps secure their children’s inheritance.

If you want the court to recognize the prenuptial agreement as valid, it must be correctly drawn up and signed. To complete the prenup template, we encourage you to use our form-building software.

Connecticut Prenup Laws and Requirements

Although the general rules for drafting a prenuptial agreement are the same in most US states, each local administration has its legislation governing the prenuptial process. In Connecticut, the primary norms are indicated in State Law (Sections from 46-36a to 46b-36j). Let’s consider the main ones in the segment below.

Signing Requirements

Both spouses must append their signatures and do so voluntarily. Before signing the agreement, both spouses must disclose information about their financial situation, obligations, assets, and debts. After that, the spouses-to-be need to consult a family law lawyer and then append their respective signatures.

If the court becomes aware that the agreement was signed under pressure, its enforceability will be canceled automatically. The offender, in turn, should not expect the decision to be made in their favor.

Enforceability

In Connecticut, all prenups concluded before 1995 are governed by the McHugh v. McHugh precedent (181 Conn. 482 (1980)). Based on that case, the following rules of enforceability of prenuptial agreements apply in the state:

  • No part of the agreement may violate public policy and interest
  • Both parties must disclose information about their financial conditions, including all assets and liabilities.
  • The circumstances during the divorce are roughly similar to those at the time of the agreement’s signing.

We feel like the latter condition needs an explanation. Thus, let us give you an example. Suppose, at the time of signing, both spouses had approximately the same financial status and agreed not to pay alimony to each other after the divorce. But then, one of the spouses went bankrupt, and the other, on the contrary, became rich. In this case, the court may consider it fair to impose alimony.

In 1995, the Connecticut legislature passed the Premarital Agreement Act. This law controls agreements concluded after October 1, 1995. According to this law, a prenuptial agreement is enforced only if:

  • There was neither compulsion to sign nor physical and moral threats.
  • The spouses disclosed all financial information without hiding any property or debts.
  • Both parties had the opportunity to show the agreement to an independent legal expert and consult their lawyer.
  • The agreement is fair and honest both at the time of signing and at the time of dissolution.

Court Refusal

The court may refuse to execute the agreement fully or partially. However, for this to happen, it is necessary to prove at least one of these cases:

  • An agreement made only in the interests of one party
  • Not disclosing financial data to each other
  • Coercion or use of force to sign the agreement
  • The inability of one of the parties to have an independent consultation with a lawyer
  • Breach of obligations provided in the agreement.

Besides, the court may declare some provisions invalid if they are equivocal or have no clear formulation.

What Prenups Can Cover

The content of the prenuptial agreement is indicated in Section 46b-36d of Connecticut Law.

It states that the agreement may contain regulations and orders for:

  • Joint and personal property
  • Duties, rights, and agreements on the assets’ division in case of a divorce or separation, or plans in case of the spouse’s death
  • Spousal support
  • Retirement plan
  • Concluding a will
  • Any other agreement that both parties have agreed to voluntarily

Still, the prenuptial agreement cannot contain orders regarding children, custody, alimony, or any other related parental decisions. Otherwise, you can indicate anything as long as it does not contradict the law, common sense, and justice.

Published: Feb 23, 2021