It is in your best interest to use a Prenuptial Agreements form that has been reviewed by an attorney rather than creating one completely from scratch. Many individuals utilize online Prenuptial Agreements legal forms as the basis for drafting their agreements.
Requirements for Valid Prenuptial Agreements in Connecticut Include:
- Both parties received a fair and reasonable disclosure of the amount, character and value of property, income and financial liabilities prior to signing the agreement.
- Both parties entered into the agreement voluntarily and without force or duress.
- Both parties had a reasonable opportunity to obtain the advice and guidance of independent legal counsel.
- The agreement is not so one-sided that it was unconscionable when entered into and is not unconscionable at the time one party is seeking to enforce it.
- Both parties must sign the document in the presence of a notary public.
A prenuptial agreement will be found to be invalid if:
- Such party did not execute the agreement voluntarily; or
- The agreement was unconscionable when it was executed or when enforcement is sought; or
- 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
- Such party was not afforded a reasonable opportunity to consult with independent counsel.
- 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.
Note: The issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.
Content of Prenuptial Agreements:
To be in compliance with Connecticut law, parties may contract with respect to the following:
- The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
- The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
- The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
- The modification or elimination of spousal support;
- The making of a will, trust or other arrangement to carry out the provisions of the agreement;
- The ownership rights in and disposition of the death benefit from a life insurance policy;
- The right of either party as a participant or participant's spouse under a retirement plan;
- The choice of law governing the construction of the agreement; and
- Any other matter, including their personal rights and obligations.
The contracted for terms cannot be in violation of public policy nor of a statute imposing criminal penalty. The right of child support, care, custody, and visitation affecting a child is not bound by the agreement, and is subject to judicial review and modification.
A prenuptial agreement becomes effective upon marriage unless otherwise provided, and after marriage the agreement can only be amended or revoked by written agreement signed by the parties. If the marriage is held to be void or voidable, an agreement that would otherwise have been a premarital agreement shall be enforceable only to the extent necessary to avoid an inequitable result.
If you think a prenuptial agreement may be beneficial to you before you get married, and you are considering a do it yourself prenup, it is a good idea to look at sample Prenuptial Agreements forms to get ideas about the types of information typically included in these legal documents. RocketLawyer.com is an excellent resource for prenup forms for those who would like to create a do-it-yourself Prenuptial Agreements. As always, it's in your best interest to have the agreement reviewed by a RocketLawyer On Call Attorney to ensure your rights and interests are protected.
About Carmina Tessitore
Carmina Tessitore is focused on the practice of family and matrimonial law, civil matters, foreclosure, business law, and mediation services. Her mission is to provide excellence in service and quality, tailored to the unique circumstances of each client's matter.
This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.