Connecticut Prenup Info
Congratulations on your engagement in scenic Connecticut! If you are considering entering into a prenuptial (or premarital) agreement in this scenic state, there are certain requirements you’ll have to meet in order for that agreement to be deemed valid in Connecticut.
Prenups in Connecticut
Prenuptial agreements can help limit the expense of litigation regarding disputes relevant to the marital estate should one spouse die or should the parties divorce in the future. While you don’t have to visit an attorney to draft a prenup, Prenuptial Agreements must be in writing to be legally valid in Connecticut, and must meet other requirements. Read on for the details!
Connecticut has enacted the Connecticut Premarital Agreement Act (we will refer to this as the “Act”) to govern prenuptial agreements in the state. “Prenups” are also referred to as “Premarital Agreements,” per the Conn. Gen. Stat. § 46b-36b(1) are defined as an “agreement between prospective spouses made in contemplation of marriage.” Per the Act, a premarital agreement becomes effective upon marriage unless otherwise provided in the agreement. Read the fine print of the CT Premarital Agreement Act here.
A little background
Since 1995, the validity of prenuptial agreements in Connecticut has been governed by the Connecticut Premarital Agreement Act. Prior to the Act, the Connecticut Supreme Court had set forth the standards for determining the validity of a premarital agreement in the case of McHugh v. McHugh, 181 Conn. 482, 436 A.2d 8 (1980). Need some light reading? Check out the entire McHugh case here. You can also read more about CT prenups, straight from the source here.
Connecticut Prenup Terminology
Official name for a prenup: Premarital Agreement
Property that is not marital:Separate Property
Property that is of the marriage:Marital Property
Spousal Support: Alimony
Divorce: Dissolution of Marriage
What CAN you include in a valid CT prenup?
- Separate Property – A CT prenup can specify what property should be considered separate property throughout the marriage not considered marital property.
- Marital Property – A CT prenup can specify what property should be considered marital property of the marriage. Marital property can include assets that were otherwise premarital (if you specify this should be the case, and do not forget about appreciation in value of that separate property), as well as assets acquired after the marriage.
- Alimony – This is AKA “spousal support” and is the support of one spouse by the other spouse in the event of a separation or divorce. Your CT prenuptial agreement can specify whether you and your future spouse will choose to follow the Alimony laws of that state, or whether you will choose to waive this support altogether.
What CAN’T you contract to in a Connecticut prenup?
- You cannot contract to anything 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 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.
Can you amend a Connecticut prenup?
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. Read the fine print here.
Straight from the source: What can you contract to in a Connecticut prenup?
Per Sec. 46b-36d of the Connecticut statute, Parties to a premarital agreement in CT may contract regarding the following:
- 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, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
- The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
- The modification or elimination of spousal support;
- The making of a will, trust or other arrangement to carry out the provisions of the agreement;
- The ownership rights in and disposition of the death benefit from a life insurance policy;
- The right of either party as a participant or participant’s spouse under a retirement plan;
- The choice of law governing the construction of the agreement; and
Any other matter, including their personal rights and obligations.
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