Connecticut Prenuptial Agreement Form

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]

You can build one with our prenup template or start from the PDF, Word, or OpenDocument file above.

Connecticut prenuptial agreement preview

Create a free high quality Connecticut Prenuptial Agreement online now!

Build Your Document

Answer a few simple questions to make your document in minutes

Save and Print

Save progress and finish on any device, download and print anytime

Sign and Use

Your valid, lawyer-approved document is ready

Download the Connecticut Prenuptial Agreement: PDF or Word (.docx) or OpenDocument (.odt)

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 If you notice an error or outdated information, please contact us.

What Is a Prenuptial Agreement?

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]

Already married? An agreement made after the wedding is a postnuptial agreement. In Bedrick v. Bedrick, 300 Conn. 691 (2011), the state Supreme Court held that postnuptial agreements are valid, but their terms must be fair and equitable when made and not unconscionable at divorce.[2]

Connecticut Prenup Laws and Requirements

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]

Signing Requirements

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]


Effective Date, Amendments, and Deadlines

These rules tell couples when the agreement starts and how it can change:

  • The agreement becomes effective upon marriage unless it says otherwise.[1.5]
  • After the wedding, it can be amended or revoked only by a written agreement signed by the parties.[1.6]
  • The amendment or revocation is enforceable without consideration.[1.6]
  • If the marriage is held void or voidable, the agreement is enforceable only to the extent necessary to avoid an inequitable result.[1.8]
  • Any statute of limitations for a claim under a prenuptial agreement is tolled during the marriage. Either party can still raise equitable defenses such as laches and estoppel.[1.9]

Agreements Made Before October 1, 1995

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]

  • They were validly entered into
  • Their terms do not violate a statute or public policy
  • The couple's circumstances at divorce are not so far beyond what they expected at the start that enforcing the agreement would work an injustice

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.

What Can Prenuptial Agreements Cover in Connecticut?

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]

  • 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
  • The right to buy, sell, use, transfer, lease, mortgage, or otherwise manage and control property
  • The disposition of property upon separation, marital dissolution, death, or any other event
  • The modification or elimination of spousal support
  • The making of a will, trust, or other arrangement to carry out the agreement
  • Ownership rights in and disposition of the death benefit from a life insurance policy
  • Either partner's rights as a participant or participant's spouse under a retirement plan
  • The choice of law governing the construction of the agreement

Provisions about wills and trusts let a parent from an earlier marriage protect their children's inheritance.[1.4]

Limits on Prenuptial Agreements

Some limits apply however the agreement is written:[1.4]

  • No term may be in violation of public policy or of a statute imposing a criminal penalty.
  • The right of a child to support may not be adversely affected by the agreement.
  • Any term about the care, custody, and visitation of a child is subject to judicial review and modification.

Couples can still include custody provisions, but a judge decides whether to follow those provisions.[1.4]

Alimony waivers have a safety valve. Suppose the prenup reduces or eliminates alimony, and that leaves one party eligible for public assistance at separation or divorce. A judge may then require the other party to provide support to the extent necessary to avoid that eligibility, whatever the prenup says.[1.7]

Are Prenups Enforceable in Connecticut?

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]

  • Not voluntary. They did not execute the agreement voluntarily.
  • Unconscionable. The agreement was unconscionable when it was executed or when enforcement is sought.
  • No fair disclosure. Before the agreement was executed, they were not provided a fair and reasonable disclosure of the amount, character, and value of the other partner's property, financial obligations, and income.
  • No chance to consult a lawyer. They were not afforded a reasonable opportunity to consult with independent counsel.

An issue of unconscionability is decided by the court as a matter of law.[1.7]

Sharing Financial Information

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.

Is Connecticut a 50/50 Divorce State?

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]

How to Make a Prenup and Avoid Common Mistakes

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]

  1. Disclose your finances. List your assets, debts, and income, with the value of each. Share the list with your partner before either of you signs.[1.7]
  2. Draft the terms. Start from the template above. Leave out any term that would lower a child's right to support or break a criminal law.[1.4]
  3. Allow time for legal advice. Give your partner the final draft early enough to find an independent family law attorney and review it with that lawyer.[1.7]
  4. Sign the written agreement. Both partners sign the same document voluntarily and keep a copy. It takes effect when you marry unless it says otherwise.[1.5]
  5. Get independent legal advice. A family law attorney is not required, but giving each partner their own lawyer closes off one of the four grounds for challenging premarital agreements later.[1.7]
  6. Update it in writing. To change or cancel it after the wedding, both spouses sign a new written agreement.[1.6]
seal of connecticut state
Other Connecticut Forms
Some other fillable Connecticut templates available for download and that can be customized in our hassle-free document builder.

Sources

  1. Conn. Gen. Stat. §§ 46b-36a to 46b-36j. Accessed August 14, 2026.
    • 1.1 § 46b-36a
    • 1.2 § 46b-36b
    • 1.3 § 46b-36c
    • 1.4 § 46b-36d
    • 1.5 § 46b-36e
    • 1.6 § 46b-36f
    • 1.7 § 46b-36g
    • 1.8 § 46b-36h
    • 1.9 § 46b-36i
    • 1.10 § 46b-36j
  2. Premarital (Antenuptial) and Postnuptial Agreements in Connecticut: A Guide to Resources in the Law Library. Connecticut Judicial Branch Law Libraries.
  3. Connecticut Law About Premarital Agreements. Connecticut Judicial Branch Law Libraries.
  4. Conn. Gen. Stat. § 46b-81.
Published: Jul 22, 2022

Watch Connecticut Prenuptial Agreement Form Video Instruction