At Broder & Orland, LLC, we often consult with divorce clients from Greenwich, Stamford, Darien, New Canaan, and Westport who entered into Prenuptial Agreements prior to getting married. Naturally, their first question when they arrive in our office is whether or not their Prenuptial Agreement is enforceable. They want to know how likely it is that a Court would uphold the terms of their Prenuptial Agreement if their case were to go to trial.
In some divorce cases, the parties agree at the time of the divorce to abide by the terms of the Prenuptial Agreement. In those relatively simple cases, the divorce judgment will incorporate the provisions of the Prenuptial Agreement and the parties can agree upon any issues not set forth in their Prenuptial Agreement.
Under Connecticut rules of practice, any party seeking the enforcement of a Prenuptial Agreement needs to let the other party know in his or her initial paperwork filed with the Court. For the Plaintiff seeking the enforcement of a Prenuptial Agreement, he or she pleads the Prenuptial Agreement in the divorce complaint. A Defendant seeking enforcement of a Prenuptial Agreement can file an Answer and Cross-Complaint seeking its enforcement. If a party does not wish to have the Prenuptial Agreement enforced, that party has sixty days from the date that the other party claims enforcement of the Prenuptial Agreement to file a reply requesting that the Prenuptial Agreement not be enforced. That party’s reply must state the grounds under which the party is seeking to have the Prenuptial Agreement invalidated. The purpose of these rules is to give each party ample notice early in the case as to the claims of the other with respect to the enforceability of the Prenuptial Agreement.