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Connecticut Law About Postnuptial Agreements
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See also Connecticut Law About Premarital Agreements

Research Guides and Information

  Connecticut General Statutes
Research guides prepared by the Connecticut Judicial Branch law librarians:

Library Materials

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  • LexisNexis Practice Guide: Connecticut Probate and Estate Administration (2019 Edition), by James I. Dougherty and Louise R. Piscatelli

    • Chapter 8, Issues relating to surviving spouse

    • 8.10. Validity of pre-nuptial and post-nuptial agreements to settlement of estate

  •  Connecticut Family Law Citations (Release 76), by Cynthia George and Aidan Welsh

    • Chapter 5. Premarital and Postmarital Agreements

  • 8A Connecticut Practice Series, Family Law and Practice With Forms (3d ed. 2010) by Arnold H. Rutkin et al.

    • Chapter 48: Premarital and Postnuptial Agreements

Connecticut Practice Book

Chapter 25 - Procedure in Family Matters

"(a) If a party seeks enforcement of a premarital agreement or postnuptal agreement, he or she shall specifically demand the enforcement of that agreement, including its date, within the party's claim for relief. The defendant shall file said claim for relief within sixty days of the return date unless otherwise permitted by the court.

(b) If a party seeks to avoid the premarital agreement or postnuptial agreement claimed by the other party, he or she shall, within sixty days of the claim seeking enforcement of the agreement, unless otherwise permitted by the court, file a reply specifically demanding avoidance of the agreement and stating the grounds thereof.

 

Selected Statutes:

  • "The provisions of this section with regard to the statutory share of the surviving spouse in the property of the deceased spouse shall not apply to any case in which, by written contract made before or after marriage, either party has received from the other what was intended as a provision in lieu of the statutory share." Conn. Gen. Stat. 45a-436(f) (2019)

Recent Connecticut Case Law

The links to court opinions are for informational purposes only.

  • Bedrick v. Bedrick, 300 Conn. 691, 693, 17 A.3d 17 (2011).
    We conclude that postnuptial agreements are valid and enforceable and generally must comply with contract principles. We also conclude, however, that the terms of such agreements must be both fair and equitable at the time of execution and not unconscionable at the time of dissolution.

  • LaFrance v. Lodmell, 322 Conn. 828, 975, 144  A.3d 373 (2016).
    ...{P}ostnuptial agreements are negotiated under circumstances in which one party may gain an unfair bargaining position by threatening dissolution if the other does not agree to the terms of the agreement.  Such a possibility persuaded this court that postnuptial agreements must be more closely scrutinized than premartial agreements."

  • Zhou v. Zhang, 334 Conn. 601, 612, 223 A.3d 775 (2020).
    "With respect to the parties' revocation agreement, the trial court acknowledged that there is scant Connecticut legal authority (concerning) the requirements for an effective revocation of a postnuptial agreement.'  Given the dearth of such auhority, the trial court subjected the agreement to the same special scrutiny that courts apply in determining the enforceabilty of a postnuptioal agreement."

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