Everything to Know About Prenuptial Agreement in Connecticut
Unlike in the past, things have changed, and signing the right documents like a prenuptial agreement will save you in endless ways. So, if you plan to marry soon and wish to sign a prenuptial agreement, you should first understand the rules governing prenups in your state. Know what is covered by the contract and what's not. The idea saves you from making mistakes that could cost you in the end of your relationship. In this guide, we discuss Connecticut prenuptial agreement.
What Does a Prenuptial Agreement Connecticut Do?
A prenuptial agreement predetermines property division, insurance benefits, and alimony payments in the event of divorce or death of a partner. In return, the contract prevents litigation regarding disputes related to property and finances when ending your union. Also, should one partner die, the surviving spouse will know which assets will go to whom, who benefits from the deceased's life insurance and any pending debts that need repayment.
Who Needs a Connecticut Prenuptial Agreement?
Any couple that wants to secure their financial future should sign a prenup. You don’t have to be rich or famous to sign the contract. You are a good candidate for the prenuptial agreement if:
- You have significant premarital assets and real estate that you want to protect.
- You have children’s inheritance from a previous relationship
- Either you or your partner brings significant debts to the marriage
- You feel you have the potential to acquire huge wealth as a couple
What Does a Prenuptial Agreement in Connecticut Cover?
In Connecticut, the prenuptial agreement is explained in Sections from 46-36a to 46b-36j of the state law. According to the law, the prenup covers anything related to marital properties and finances. These include:
- Marital property division in the event of a divorce
- How couples wish to manage their personal and joint accounts after divorce or death of one spouse
- Regulations on marital property purchase and sale during marriage life
- How the couple will handle retirement accounts
- If they need to write a will before signing the prenup
- If either of the spouses will pay spousal support to the other
- If inheritance and gifts count as marital property
According to Connecticut law, a prenuptial agreement does not include anything to do with children's custody or support. During divorce proceedings, the judge makes this decision based on what is best for the children. Besides that, couples can include anything property-related if it does not violate the law.
Requirements for a Valid Prenup in Connecticut
Any prenuptial agreement concluded before 1995 is governed by the McHugh v. McHugh precedent (181 Conn. 482 (1980). After 1995, Connecticut approved the Unifrom Premarital Agreement Act. And according to the laws under this act, a valid prenup must meet these requirements:
- Both parties must disclose adequate information regarding their properties, debts, and financial capacity.
- The spouses were comfortable with the information disclosed by the other
- The spouses signed the agreement willingly and voluntarily
- Both parties had a chance to seek legal advice from their lawyers before signing the prenup
- The deal was based on consent such that both spouses were in their right mental state when signing the contract
- The agreement was notarized
The court may refuse to enforce the prenuptial agreement if it violates any of the above requirements. The court will deem it invalid if:
- The agreement only favors one party's interests.
- One of the spouses did not disclose enough information regarding their financial capacity.
- One spouse forced or used psychological and physical threats to make the other sign the agreement.
- One party did not consult their lawyer before signing the prenup
Get a downloadable prenuptial agreement Connecticut form from our site for an easy prenup signing.