So, you’ve found the person you want to spend the rest of your life with. Congratulations! You’ve accomplished the hard part. Before you say “I do” and begin your happily-ever-after, you and your fiancé might want to align financially. That’s where a prenuptial agreement comes in. A prenup (referred to as a “premarital agreement” in Connecticut) enables couples to decide how assets, debts, and financial responsibilities will be handled if the marriage ever ends. But what are the legal requirements? And, do you need a lawyer to create one? We discuss all of this and more, so keep reading to find out!
Is a lawyer required for a valid prenuptial agreement in Connecticut?
No, legal representation is not required in order to have a valid and enforceable prenup in Connecticut. However, both partners must at least be afforded a reasonable opportunity to consult with independent legal counsel. This ensures that the agreement is entered into voluntarily and with full awareness of its legal implications. For example, in Dube v. Dube, the Superior Court of Connecticut found a prenuptial agreement unenforceable because it was signed moments before the marriage. The court determined that the wife had not been afforded a fair opportunity to seek legal advice, and as a result, the agreement was invalid (Dube v. Dube, (2022)).
By contrast, in Friezo v. Friezo, a Connecticut court held that the prenup was valid because the wife had two months before the wedding to consult an attorney. The court emphasized that while neither party was required to retain an attorney, both had the option to do so and ample time to consider the agreement. (Friezo v. Friezo, (2007)).
In short, while legal representation is not mandatory, failing to give each party a real chance to consult a lawyer—especially if one party appears disadvantaged—can risk the entire agreement being set aside later. For this reason, most attorneys strongly recommend that both individuals retain their own counsel to avoid any claims of duress or lack of informed consent down the line.
Do we both need a lawyer, or can only one person hire one?
Valid question. Hiring a lawyer can be expensive! It’s possible that one of you wants to hire an attorney and the other would rather spend that money elsewhere. In Connecticut, it’s generally okay for only one of the parties to have legal representation as long as both parties have had a reasonable opportunity to consult an attorney.
However, if you and your fiancé are each financially able to hire attorneys, that is the recommended route. When determining the validity of a prenup, Connecticut courts consider the fairness of the agreement.If only one party is represented and the terms are heavily in their favor, that imbalance could raise concerns about whether the agreement is truly fair—or even unconscionable—which could lead to it being challenged in the future. Independent legal counsel not only protects your individual interests, but also strengthens the enforceability of the agreement. An attorney can help ensure that you fully understand the terms and that your rights are adequately protected.
Note that some attorneys may decline to represent a client where their fiancé is not also represented by an attorney. This is simply a preference, and they may not want to take on this liability for personal reasons.
Can we share a lawyer?
No, couples should not share a lawyer when drafting a premarital agreement. Though you and your partner are a team in life, you are two separate individuals on either side of a prenuptial agreement. An attorney is hired to protect their client’s individual interests, and representing both of you would be a conflict of interest. Hiring separate attorneys would provide you and your partner with an objective, third-party who can advocate for your individual interests fairly.
Can I write my own prenuptial agreement?
Yes, you can draft your own premarital agreement. Some couples draft their own as it’s cost-effective and might seem like the path of least resistance, especially if your partner isn’t too keen on entering into a prenup. However, it’s important to recognize that a prenuptial agreement is a legally binding contract. If an agreement is not properly drafted—whether due to vague terms, missing disclosures, or procedural missteps—a judge could later find it unenforceable, which could undermine the very purpose of having one in the first place. If planning for the future of your finances is important to you, using a reputable online prenup platform like HelloPrenup or hiring a professional could be worth the time and money.
Let’s put it this way: Say you wake up craving a croque monsieur for breakfast and you walk into your kitchen to see a Michelin Star Parisian chef preparing this mouth-watering dish just for you (the dream!). You wouldn’t then walk that culinary genius out to your garage and ask that he fix the transmission on your Chevy pickup truck. That’s what Mack, your friendly neighborhood mechanic, is for! Similarly, you could do some research and draft a prenuptial agreement on your own, or you could hire an attorney who is specifically trained to avoid the pitfalls and common mistakes of prenup drafting.
Bottom line: You don’t have to hire a professional—but if your goal is to create something that actually works when it matters most, it’s usually wise to have expert help.
What are the legal requirements for a valid prenup in Connecticut?
Prenuptial agreements are governed by the Connecticut Premarital Agreement Act (the “Act”). In order to have a valid prenuptial agreement in Connecticut, §46b-36g of the Act outlines the following requirements:
- The agreement must be in writing.
- Both parties must have signed the agreement voluntarily.
- Both parties must provide fair and reasonable disclosure of their financial situation.
- The agreement itself must be reasonably fair both at signing and not unconscionable at the time of enforcement.
- Both parties must have had a reasonable opportunity to consult independent legal representation.
Connecticut courts take these requirements seriously. A failure to meet any of them could result in the agreement being set aside, especially if one party was unaware of the other’s financial circumstances or felt pressured to sign.
To give your prenuptial agreement the best chance of being upheld in the future, it’s important to follow these legal standards carefully and avoid shortcuts. Even if you draft the agreement yourselves, consulting a qualified attorney can help ensure it’s enforceable and tailored to your specific situation.
How much does a prenup lawyer cost in Connecticut?
As is the case with all legal drafting, the cost of drafting a prenuptial agreement can vary widely depending on the complexity of your finances and personal situation, the extent of back-and-forth negotiations, the experience of the attorney, and various other factors. Generally, the national average for a prenup for both parties is $8,000 according to a HelloPrenup survey of family law attorneys across the country. Legal representation through a HelloPrenup attorney is a fraction of the cost. Our network of Connecticut attorneys is ready to guide you through the entire process—from the initial consultation to the final signatures— providing you with an agreement that is clear, fair, and aligned with Connecticut laws , all without breaking the bank.
Where can I find a prenuptial agreement lawyer in Connecticut?
You’re already there. HelloPrenup has an impressive network of attorneys in Connecticut who are experienced in drafting prenuptial agreements. Our independent group of lawyers may answer your questions, fully explain the ramifications of the legal language, incorporate your goals and intentions into the agreement, and will ensure that the contract abides by Connecticut laws. At HelloPrenup, regardless of the complexity and drafting time needed, you can hire an attorney for full representation and signature at a flat rate of $699 per partner.
The bottom line on prenup lawyer requirements in Connecticut
Connecticut law does not require you to hire an attorney, however, both you and your partner should have the chance to consult independent legal counsel. A prenup will be deemed unenforceable if the party against whom enforcement is sought did not have a reasonable opportunity to consult an attorney (Bedrick v. Bedrick, 2011). Now that you have a deeper understanding of the legal requirements in drafting a Connecticut premarital agreement, you can confidently make decisions regarding legal representation. With this important step marked off your wedding to-do list, you and your partner can proceed to the Happily-Ever-After part of your journey!
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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