PUBLIC ACT NO. 95-170
AN ACT CONCERNING THE CONNECTICUT PREMARITAL
Section 1. (NEW) As used in this act:
(1) "Premarital agreement" means an agreement
between prospective spouses made in contemplation
(2) "Property" means an interest, present or
future, legal or equitable, vested or contingent,
in real or personal property, tangible or
intangible, including income and debt.
Sec. 2. (NEW) A premarital agreement shall be
in writing and signed by both parties. It shall be
enforceable without consideration.
Sec. 3. (NEW) (a) Parties to a premarital
agreement may contract with respect to:
(1) 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;
(2) 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
(3) The disposition of property upon
separation, marital dissolution, death, or the
occurrence or nonoccurrence of any other event;
(4) The modification or elimination of spousal
(5) The making of a will, trust or other
arrangement to carry out the provisions of the
(6) The ownership rights in and disposition of
the death benefit from a life insurance policy;
(7) The right of either party as a participant
or participant's spouse under a retirement plan;
(8) The choice of law governing the
construction of the agreement; and
(9) Any other matter, including their personal
rights and obligations.
(b) No provision made under subdivisions (1)
to (9), inclusive, of subsection (a) of this
section may be in violation of public policy or of
a statute imposing a criminal penalty.
(c) The right of a child to support may not be
adversely affected by a premarital agreement. Any
provision relating to the care, custody and
visitation or other provisions affecting a child
shall be subject to judicial review and
Sec. 4. (NEW) A premarital agreement becomes
effective upon marriage unless otherwise provided
in the agreement.
Sec. 5. (NEW) After marriage, a premarital
agreement may be amended or revoked only by a
written agreement signed by the parties. The
amended agreement or the revocation shall be
enforceable without consideration.
Sec. 6. (NEW) (a) A premarital agreement or
amendment shall not be enforceable if the party
against whom enforcement is sought proves that:
(1) Such party did not execute the agreement
(2) The agreement was unconscionable when it
was executed or when enforcement is sought; or
(3) 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
(4) Such party was not afforded a reasonable
opportunity to consult with independent counsel.
(b) 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.
(c) An issue of unconscionability of a
premarital agreement shall be decided by the court
as a matter of law.
Sec. 7. (NEW) If the marriage is held void or
voidable, an agreement that would otherwise have
been a premarital agreement shall be enforceable
only to the extent necessary to avoid an
Sec. 8. (NEW) Any statute of limitations
applicable to an action asserting a claim for
relief under a premarital agreement is tolled
during the marriage of the parties to the
agreement, except that equitable defenses limiting
the time for enforcement, including laches and
estoppel, shall be available to either party.
Sec. 9. (NEW) This act may be cited as the
Connecticut Premarital Agreement Act.
Sec. 10. (NEW) Nothing in this act shall be
deemed to affect the validity of any premarital
agreement made prior to the effective date of this
Sec. 11. This act shall take effect October 1,
1995, and shall apply to any premarital agreement
executed on or after that date.
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