Sec. 46b-36g. Enforcement of premarital agreement.
Sec. 46b-36g. Enforcement of premarital agreement. (a) A premarital
agreement or amendment shall not be enforceable if the party against whom enforcement
is sought proves that:
(1) Such party did not execute the agreement voluntarily; or
(2) The agreement was unconscionable when it was executed or when enforcement
is sought; or
(3) Before execution of the agreement, such party was not provided a fair and reasonable disclosure of the amount, character and value of property, financial obligations
and income of the other party; or
(4) Such party was not afforded a reasonable opportunity to consult with independent counsel.
(b) If a provision of a premarital agreement modifies or eliminates spousal support
and such modification or elimination causes one party to the agreement to be eligible
for support under a program of public assistance at the time of separation or marital
dissolution, a court, notwithstanding the terms of the agreement, may require the other
party to provide support to the extent necessary to avoid such eligibility.
(c) An issue of unconscionability of a premarital agreement shall be decided by the
court as a matter of law.
(P.A. 95-170, S. 6, 11.)
History: P.A. 95-170 effective October 1, 1995, and applicable to premarital agreements executed on or after that date.
Connecticut Premarital Agreement Act endorses, clarifies and codifies McHugh standards and does not require attachment to the agreement of written financial disclosures, signatures of both parties if signed by party seeking to invalidate
the contract, and delivery of the agreement to each signing party. 48 CS 502.
Subsec. (a):
Presentation of draft of prenuptial agreement one week before wedding is not sufficient to show lack of opportunity of
adequate financial disclosure by defendant, where defendant informed plaintiff two months before the wedding that defendant wanted a prenuptial agreement. 281 C. 166. Demonstration of reasonable opportunity to consult with legal counsel
under section only requires opportunity for consultation, consistent with interpretation of identical statutory language. Id.