A premarital (or prenuptial) agreement is a written contract signed by a couple prior to their marriage which details what happens in the event that the couple divorces. This type of agreement is especially popular with couples who have been married before and who wish to protect their assets.
C.G.S. Sec. 46b-36a through 46b-36j contains the provisions of the Connecticut Premarital Agreement Act which specifies the basis of a premarital agreement. It is important that a premarital agreement is drafted correctly in accordance with the Act in order for the agreement to be upheld in court.
Under C.G.S. Sec. 46g(a) a premarital agreement will not be enforceable if either party did not execute the agreement voluntarily; or the agreement was unconscionable when it was executed or when enforcement is sought; or one of the parties was not provided a fair and reasonable disclosure of the amount, character and value of property, financial obligations and income of the other party prior to execution of the agreement; or one of the parties was not afforded a reasonable opportunity to consult with an attorney.
Although it may seem unromantic, a premarital agreement can protect a couple if the marriage does not last.
