Download Connecticut Prenuptial Agreement Form [PDF]

The Connecticut prenuptial agreement is a legal document created for the purpose of regulating financial matters between future spouses. The parties sign this agreement in order to outline all of their assets and liabilities and reach an agreement to keep certain assets as their individual property.

This is necessary due to the fact that all assets and liabilities each partner has, which are not explicitly determined as their individual property, become marital property once the partners get married. 

The partners can also use the prenuptial agreement after marriage to determine how they will split the property accumulated during the marriage.

Laws and Legal Requirements for a Prenuptial Agreement in Connecticut

Section 46b-36a to 46b-36j of the Connecticut state law, also called the Connecticut Premarital Agreement Act, regulates the status of prenuptial agreements in Connecticut.

It defines a prenuptial agreement as “an agreement between prospective spouses made in contemplation of marriage.”

Property, in terms of the prenuptial agreement, is defined as “an interest, present or future, legal or equitable, vested or contingent, in real or personal property, tangible or intangible, including income and debt.”

Signing Requirements for a Prenuptial Agreement in Connecticut

Section 46b-36c provides that the prenup agreement must be made in writing. It also requires both parties to the agreement to sign the document. Finally, state law provides that the prenuptial agreement will be effective upon marriage unless otherwise specified in the agreement.

Although the state law doesn’t explicitly require the parties to sign the agreement before the notary public, this step is always recommended. The notary public acknowledgment will additionally confirm the authenticity of the document and prevent any disputes or fraudulent activities in the future.

Prenuptial Agreement Enforcement in Connecticut

The state law provides that the prenuptial agreement will be enforceable without consideration. This means that the mutual benefit of the parties is not an essential condition for the enforcement of the agreement.

The prenup agreement will not be enforced if one of the parties proves that:

The decision about the fairness of the prenuptial agreement is within the jurisdiction of the court.

What Can a Prenuptial Agreement in Connecticut Cover?

The future spouses can use the prenuptial agreement form to cover the following:

However, provisions in the prenuptial agreement template must be in line with federal and state laws and regulations. Additionally, the court must review any clause pertaining to child support or custody of the kids before enforcing it.

Prenuptial Agreement in Connecticut: Validity Criteria

The Connecticut Premarital Agreement Act regulates all prenuptial agreements issued after October 1st, 1995. Therefore, provisions of this Act do not regulate the status of any prenup agreement issued before this date, and the validity of these agreements is not in any way affected by the Connecticut Premarital Agreement Act.

Moreover, if the marriage is declared void, the prenuptial agreement will remain valid only to the extent necessary to avoid an inequitable result.