Prenuptial Agreements are generally enforceable in Connecticut if they are drafted in compliance with our statute, which requires that the prenup:
- Is entered into voluntarily;
- Is not unconscionable when executed or sought to be enforced;
- That there has been complete financial disclosure; and
- That each party has had an opportunity to consult with independent counsel.
We often see prenups in second marriages, when one or both parties want to protect assets for their children, in cases of extreme wealth, or where a family business or potential inheritance is a factor.
Parties can be as creative as they wish in drafting a prenup and often address assets, income, alimony, and property division in the case of divorce or death.
While the parties may reference issues relating to the custody or support of their children, it will not be binding in a divorce action, as the Court always has the final say on these matters.