Prenuptial agreements in ct

Connecticut Practice Book

Chapter 25 - Procedure in Family Matters

• Sec. 25-2A. Premarital and Postnuptial Agreements

"(a) If a party seeks enforcement of a premarital agreement or postnuptal agreement, he or she shall specifically demand the enforcement of that agreement, including its date, within the party's claim for relief. The defendant shall file said claim for relief within sixty days of the return date unless otherwise permitted by the court.

(b) If a party seeks to avoid the premarital agreement or postnuptial agreement claimed by the other party, he or she shall, within sixty days of the claim seeking enforcement of the agreement, unless otherwise permitted by the court, file a reply specifically demanding avoidance of the agreement and stating the grounds thereof.

Selected Statutes:

• "The provisions of this section with regard to the statutory share of the surviving spouse in the property of the deceased spouse shall not apply to any case in which, by written contract made before or after marriage, either party has received from the other what was intended as a provision in lieu of the statutory share." Conn. Gen. Stat. �45a-436(f) (2019)

Recent Connecticut Case Law

The links to court opinions are for informational purposes only.

Bedrick v. Bedrick, 300 Conn. 691, 693, 17 A.3d 17 (2011).
We conclude that postnuptial agreements are valid and enforceable and generally must comply with contract principles. We also conclude, however, that the terms of such agreements must be both fair and equitable at the time of execution and not unconscionable at the time of dissolution.

• Western New England Law Review, Vol. 34, Issue 1 (2012)
  All Good Things Might Come to an End: Postnuptial Agreements in Connecticut

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