Tying the knot in the Constitution State (Connecticut, that is)? Congrats! Next on the wedding to-do list? Get the prenup done. Luckily, in Connecticut, that’s super easy to accomplish. It’s a matter of following the laws laid out by the Connecticut UPAA (the law governing prenups). It’s also extra important to get a prenup in Connecticut because your premarital assets are not automatically safe according to the default laws. So, without further ado, let’s get into five things you need to know before getting a prenup in Connecticut.
1. Connecticut-specific prenup laws
First things first—what laws govern a Connecticut prenup? CT has adopted something known as the Uniform Premarital Agreement Act (UPAA), which is a law that more than half of the U.S. has also adopted as a way to keep prenup laws uniform across the different states. Connecticut’s UPAA lays out everything you need to know about getting a valid and enforceable CT prenup.
For starters, a Connecticut prenup should be in writing and signed by both partners. No verbal agreements or unsigned documents.
The most crucial aspect of a CT prenup is the financial disclosure, often referred to as Schedules, which must be attached to the agreement. Both parties are required to provide full and honest disclosure of their financial situation. This includes sharing details about your income, assets, debts, and potential future inheritances with your future spouse. It’s essential to be transparent—no lying, hiding, or omitting information—because failure to do so could result in the prenup being invalidated in CT. While you can offer your best estimates, any attempt to mislead, hide, or omit key details could lead to bad news in the future.
In addition, both partners must make sure the agreement is entered into voluntarily. Neither party should be coerced into signing the agreement. The agreement should also be reasonably fair (the legal term for this is “conscionable”). The prenup doesn’t necessarily need to be 50-50 but it shouldn’t be overly one-sided either. If the terms are excessively imbalanced, a court may deem the agreement unenforceable. The goal is to create a fair, balanced arrangement that both parties willingly accept, ensuring the agreement stands up in the future.
(See the full statute here – Conn. Gen. Stat. § 46b-36a).
2. Equitable distribution laws in Connecticut
An important thing to understand before getting a prenup in Connecticut is what happens to your stuff without a prenup. Connecticut follows equitable distribution laws, which means in a divorce, a court will divide your assets according to what is equitable, not necessarily what is 50-50. This means it could be 30-70, 40-60, or any other combination, depending on the unique circumstances of your marriage, such as the length of the marriage, the financial contributions of each party, and any other relevant factors.
In addition, your premarital assets are not necessarily safe in Connecticut from a divorce. Many states do protect premarital assets as not divisible in a divorce, but that is not the case for Connecticut—the court may assign the premarital assets of one spouse to the other spouse if it deems equitable. Yikes! This can be a real shock for many couples, especially when one party has significant premarital assets that they assumed would remain their own.
(See the full statute here – Conn. Gen. Stat. § 46b-81).
3. What you cannot include in a Connecticut prenup
Let’s talk about what NOT to do in a Connecticut prenup. For starters, do not include clauses about children. This includes child support, child custody, and visitation rights. For example, while parents might agree on custody or visitation arrangements before marriage, these terms can’t be legally binding in a prenup. A court will ensure that child-related matters are resolved in the most appropriate way, taking into consideration the child’s current needs and circumstances at the time of divorce. It will be determined based on the “best interests of the child” standard at the time of divorce, not what the parents have previously agreed to.
In addition, avoid any illegal terms or terms against public policy. For example, don’t add clauses requiring a spouse to commit a crime or restricting personal freedoms in an unreasonable way, such as dictating their religious practices, personal relationships, or social interactions.
Also, any provisions that are discriminatory in nature or violate equal protection laws are also prohibited in a CT prenup. For example, clauses that differentiate between spouses based on gender, race, or other protected characteristics may be considered discriminatory and unenforceable.
While a prenup can outline how assets will be divided and whether spousal support (alimony) will be paid, it cannot include clauses that are unreasonable or impossible to enforce. For example, setting an alimony amount that is disproportionate to either party’s income—such as $10 million per year on a $60,000 salary—could be deemed unrealistic and unenforceable. Similarly, provisions that would result in significant financial hardship for one party may be invalidated by the court. The agreement must be fair and grounded in practical reality to stand up in court.
Moral of the story? Keep prenups in CT to financial matters and adjacent issues. Steer clear of matters about children, illegal matters, or matters against public policy, such as religious practices, or provisions that might be deemed unreasonable or discriminatory. A well-crafted prenup should serve to protect both parties’ financial interests while staying within the bounds of CT law and public policy.
4. You don’t need a lawyer for a Connecticut prenup
Hiring a lawyer is not a prerequisite for a valid and enforceable agreement in Connecticut. Connecticut’s prenup laws only require that the agreement is in writing, signed, entered into voluntarily, each spouse is provided with financial disclosure, and the agreement is reasonable. Easy, right?
However, there are benefits to hiring a lawyer for a prenup. It can help deter any arguments that one party did not understand the agreement or didn’t enter into it voluntarily—it’s hard to argue this when you have legal representation! In addition, having an attorney by your side can help answer any questions you have and make sure you feel comfortable and confident in the agreement you sign. The best news? HelloPrenup offers prenup attorneys for flat, discounted rates in Connecticut, making it easier to get the professional advice you need without breaking the bank.
5. You should strongly consider getting a prenup if you live in Connecticut because your premarital assets are not safe
Connecticut is one of the select states in the U.S. that can assign assets from the marital pot to either spouse and also the premarital assets from either spouse. For example, let’s say Steve had a retirement account worth $200,000 prior to getting married. During the marriage, the account accumulates an additional $600,000. In a divorce, Steve’s retirement account is now worth a total of $800,000. The Connecticut court is allowed to split the entire $800k, even though $200k of it was accumulated before the marriage, and in some other states, this $200k would be protected. That is not the case in Connecticut. A court can assign any portion of the estate to either spouse, depending on the situation and what the court deems as equitable. Scary, right?
This can be a little (or A LOT) unsettling! The court’s decision will be based on factors like the length of the marriage, each spouse’s financial contributions, and any other circumstances that might affect the situation. This is why getting a prenup in Connecticut is extremely important. You can create a prenup that says all premarital assets are considered separate property and not devisable upon divorce. In Steve’s case (the example above), he could’ve protected his retirement account by making sure premarital assets were protected (the $200k) in addition, he could’ve also protected the contributions he made to it during the marriage, as well. Sorry, Steve—maybe next time you will consider a prenup!
A well-crafted prenup in Connecticut can provide peace of mind, protect your assets, and give you control over how your property is divided—ensuring that your premarital investments aren’t caught up in the court’s equitable distribution process.
The bottom line on Connecticut prenups
As you can see, getting a Connecticut prenup is as easy as finding a good lobster roll. Just follow the laws laid out in the Connecticut UPAA, and you’ll be good to go! The CT legal requirements include making sure the agreement is in writing, signed voluntarily, both spouses provide financial disclosure, and the agreement is reasonable. And while you don’t need a lawyer to make a prenup CT valid, it does have its benefits. So, go on and get your prenup journey started—it’s easy. Happy planning!
Katherine (Kathy) Bakes is the founder and managing attorney of Bakes Law LLC. Her eleven years of practice involves all aspects of family law, including the formation of prenuptial and postnuptial agreements, divorce and legal separations, child custody, child support, and visitation agreements, spousal support and financial settlements. Kathy also engages in the practice of estate planning including the formation of wills, revocable and irrevocable trusts, durable powers of attorney, health care proxies, HIPAA authorizations and living wills. Kathy is a member of both the Connecticut and Massachusetts state bars after receiving her Juris Doctorate degree from New England Law | Boston. Kathy lives in Southport, CT with her husband and toddler. Outside the office, Kathy enjoys playing the piano and teaches music education to students of all ages.
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