On Ferbruary 6, 2007, the Connecticut Supreme Court decided the case of Friezo v. Friezo, which in an instant has become the gold standard for prenuptial agreements in Connecticut. The trial court had concluded that the parties’ prenuptial agreement was unenforceable because the husband had not provided the wife with a “fair and reasonable” disclosure of the amount, character and value of his property, financial obligations and income, and because the plaintiff was not afforded a reasonable opportunity to consult with independent counsel. See C.G.S. § 46b-36g (a) (3) and (4). In addition, the lower court concluded that the wife lacked the financial sophistication necessary to appreciate the consequences of the agreement. The factual basis of the lower court’s decision was that the agreement did not contain a comprehensive list of the parties’ assets (which was apparently transmitted to the wife’s attorney six days prior to execution, but not reviewed by the wife), and that the wife’s ultimate review of the agreement was too cursory.

The Supreme Court rejected all of these arguments: “The trial court’s conclusion that the plaintiff had insufficient time to digest and understand the disclosure on the day she signed the agreement is also unsupportable because it is the party’s responsibility to delay the signing of an agreement that is not understood. See, e.g., Simeone v. Simeone, supra, 525 Pa. 400 (’contracting parties are normally bound by their agreements, without regard to whether the terms thereof were read and fully understood and irrespective of whether the agreements embodied reasonable or good bargains’); Standard Venetian Blind Co. v. American Empire Ins. Co., 503 Pa. 300, 305, 469 A.2d 563 (1983) (failure to read contract does not warrant ‘avoidance, modification or nullification’ of its provisions). In the present case, the plaintiff had the opportunity to read the agreement carefully and has not claimed duress.”

This is the first significant case validating an antenuptial agreement that complies with the Connecticut Premarital Agreement Act but that arguably had some deficiency in the execution process. Such agreements are presumptively valid, even though they do not contain a detailed list of the monied spouse’s assets and income, and even though the non-monied spouse may have been deficient in her legal representation, due diligence or otherwise. The bar is now meaningfully raised for those who would challenge such agreements.
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