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Connecticut Premarital Agreement Act

              PUBLIC ACT NO. 95-170


    Section 1. (NEW) As used in this act:
    (1) "Premarital agreement"  means an agreement
between prospective spouses  made in contemplation
of marriage.
    (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
voluntarily; or
    (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
inequitable result.
    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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