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Prenuptial agreements in connecticut

What is a pre-marital or prenuptial agreement in Connecticut?

A pre-marital or prenuptial agreement is a written agreement entered into by two people who are intending to marry.  It may include provisions such as how marital assets are to be distributed in the event of death or a divorce, and it could set limits on the amount of alimony paid by one spouse to the other in the event of a divorce.  A prenuptial agreement is often contemplated where the parties marry at later ages and have already accumulated significant personal assets, and in second marriages where there are estate planning issues and children from a prior marriage.  A prenuptial agreement can be an effective tool in protecting your assets and income upon entering a marriage.

Are prenuptial agreements enforceable in Connecticut?

When drafting a prenuptial agreement, it is important to carefully consider whether the particular provisions concerning such matters as alimony and property distribution will be enforceable at a later date.   The Connecticut statutes provide that a prenuptial agreement will not be enforced if: 

  • a party did not execute the agreement voluntarily;
  • the agreement was “unconscionable” when it was executed or when enforcement is sought;
  • there was not full financial disclosure prior to the execution of the agreement; or
  • a party was not afforded the opportunity to consult with an attorney. 

Sometimes, despite the skill of the attorneys involved in the drafting of a prenuptial agreement, the issue of the enforceability of the agreement must be decided in the context of contested litigation.  In these instances, whether it calls for the enforceability of a prenuptial agreement or the invalidation of a prenuptial agreement, I will strongly advocate for your rights in Court.  

What is a post-marital agreement in Connecticut and is it enforceable?   

A post-marital agreement is an agreement made during the marriage by the spouses.  They are not statutorily recognized in Connecticut and therefore not recommended.  However, you should consult an attorney if you believe that a post-marital agreement may be necessary in your particular situation. 

For a consultation regarding the drafting or enforceability of pre-marital, prenuptial, or post-marital agreements in Connecticut, please contact my office at (203) 557-0577 or complete the contact form on this site.  My office is conveniently located at 3 Bridge Square in Westport, Connecticut.

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Dori-Ellen S. Feltman, Divorce and Family Law Attorney in Westport Connecticut, prepares prenuptial agreements for clients throughout Fairfield County and New Haven County Greenwich, Darien, Norwalk, Wilton, Stamford, Norwalk, Weston, Easton, Danbury, Bethel, Brookfield, Milford, Trumbull, Monroe, Newtown, Shelton, Danbury, Ridgefield.