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Research guides prepared by the Connecticut Judicial
Branch law librarians:
Check with
your local law library or
search the online catalog for availability.
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LexisNexis Practice Guide: Connecticut Probate and Estate Administration
(2019 Edition), by James I. Dougherty and Louise R. Piscatelli
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Chapter 8, Issues relating to
surviving spouse
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�8.10. Validity of pre-nuptial and
post-nuptial agreements to settlement of estate
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Connecticut Family Law Citations (Release 76),
by Cynthia George and Aidan Welsh
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8A
Connecticut Practice Series,
Family Law and Practice With Forms (3d ed. 2010) by Arnold H. Rutkin et al.
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Connecticut Practice Book
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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.
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Selected Statutes:
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"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)
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Recent Connecticut Case Law
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The links to court opinions are for informational
purposes only.
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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.
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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."
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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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