Download Connecticut Postnuptial Agreement Form [PDF]

The Connecticut postnuptial agreement is a legal document that is used to determine the rights and obligations of spouses in terms of their individual and marital property. The main difference between a postnuptial and a prenuptial agreement is when the parties sign the document. 

With the prenup agreement, the parties are signing the document before getting married, while with the postnup agreement, the parties are signing the document during the marriage.

Postnuptial or marital agreements are used both during and after marriage. The parties can use them to determine how they will manage their marital property during the marriage, but they can also define how they will divide the property in the event of a divorce.

Laws and Legal Requirements for a Postnuptial Agreement in Connecticut

The laws and legal requirements for a postnuptial agreement in Connecticut are all outlined in the precedents established by the Connecticut courts and the few provisions of the state law.

The most significant court case that covers matters related to the postnuptial agreement is Bedrick v. Bedrick (2011).

It provides that “[...] we conclude that postnuptial agreements are subject to special scrutiny and the terms of such agreements must be both fair and equitable at the time of execution and not unconscionable at the time of dissolution.”

Signing Requirements for a Postnuptial Agreement in Connecticut

The Connecticut postnuptial agreement form must be made in writing. Moreover, both parties to the agreement must sign the document.

The Connecticut state law doesn’t explicitly require the notarization of the postnuptial agreement. However, the parties should consider completing this step whenever possible. The notary public will confirm the identity of the spouses and acknowledge that they have both signed the prenuptial agreement.

The notarization of the prenup agreement will prevent potential disputes between the parties about the authenticity of the document and will prevent potential fraudulent activities.

Postnuptial Agreement Enforcement in Connecticut

The Connecticut postnuptial agreement must fulfill multiple conditions to be considered enforceable.

First, both spouses must voluntarily sign the agreement. This means that they must sign the document without influence, fraud, coercion, duress, or any similar manipulation of the spouse's free will.

In addition, the postnup agreement must include a complete and truthful overview of each spouse's financial status. This means that the document should include a list of all the parties' assets and liabilities.

What Can a Postnuptial Agreement in Connecticut Cover?

A postnuptial agreement in Connecticut can cover various matters connected to the financial and non-financial relationships of the two spouses. However, all the provisions of the postnuptial agreement must be in line with public policies and state law.

In this section, you will see the matters that are most commonly included in the Connecticut postnuptial agreement template:

However, the postnuptial agreement should not include any provisions regarding child support since this matter is exclusively regulated by the court.

Postnuptial Agreement in Connecticut: Validity Criteria

The first validity criteria for the Connecticut postnuptial agreement is connected with the formality criteria set by the state law. In other words, the postnuptial agreement must be in written form to be considered valid. Moreover, both parties must sign the document.

The second validity criterion is connected to the existence of the marriage. This means that the parties can sign the postnuptial agreement only after they have entered the marriage. If the parties create multiple postnup agreements, they will all be valid as long as they cover different matters.