The all-inclusiveConnecticut prenup

The controlling statute & cases

What law governs prenups in Connecticut?

Connecticut prenuptial agreements are governed by the Connecticut Premarital Agreement Act, codified at Conn. Gen. Stat. §§ 46b-36a through 46b-36j, which apply to agreements signed on or after October 1, 1995. For agreements signed before that date, Connecticut courts still apply the older common-law test from McHugh v. McHugh, 181 Conn. 482 (1980), which asked whether the agreement was obtained through fraud or nondisclosure, whether it was unconscionable when signed, and whether circumstances had changed enough since signing to make enforcement unfair. Connecticut courts have also addressed agreements signed after marriage (i.e., postnuptial agreements) in Bedrick v. Bedrick, 300 Conn. 691 (2011), a detailed case that shapes how postnuptial agreements are evaluated in the state.

Is Connecticut a UPAA state?

Yes, Connecticut adopted a modified version of the Uniform Premarital Agreement Act (UPAA) in 1995, effective for agreements executed on or after October 1, 1995. While largely following the UPAA, Connecticut made several notable changes. It broadened the definition of “property” to expressly include both tangible and intangible property, added retirement plan participation and spousal rights as subjects that may be addressed in a premarital agreement, and clarified that provisions concerning child custody, visitation, care, or other child-related matters may be included but remain subject to judicial review and modification.

Connecticut also strengthened protections surrounding financial disclosure by prohibiting parties from waiving financial disclosure of the other party's financial information and added an enforceability factor requiring courts to consider whether the party against whom enforcement is sought had a reasonable opportunity to consult an attorney, although actual consultation is not required. Finally, Connecticut retained the UPAA's voluntariness requirement while recognizing that the amount of time provided to review an agreement is relevant to determining whether it was executed voluntarily.

Requirements for a Connecticut prenup

What are the requirements for a prenup in Connecticut?

Under Conn. Gen. Stat. § 46b-36b, a premarital agreement in Connecticut should be in writing and signed by both parties, and it's enforceable without any separate consideration. Beyond that basic formality, Conn. Gen. Stat. § 46b-36g sets the enforcement standard: the agreement must have been signed voluntarily, each party needed fair and reasonable disclosure of the other's property, income, and financial obligations (or a valid written waiver of that disclosure), and the agreement can't be unconscionable either when it was signed or at the time a court is later asked to enforce it.

Requirements:

• In writing
• Signed by both parties
• No separate consideration required
• Signed voluntarily
• Fair and reasonable disclosure of property, income, and financial obligations (or a valid written waiver)
• Not unconscionable when signed or when enforcement is sought

Does a prenup need to be notarized in Connecticut?

No, notarization isn't required under Connecticut's Prenup Act. It's still a worthwhile step in practice, though, since a notary's acknowledgment provides independent confirmation of who signed the agreement and when, which can be helpful if the agreement's authenticity is ever questioned later.

Do both parties need a lawyer for a prenup in Connecticut?

Not as a strict legal requirement. Connecticut's statute doesn't require both parties to have independent counsel, but it does require each party to have a genuine opportunity to consult an attorney, under Conn. Gen. Stat. § 46b-36g, and it becomes especially important given Connecticut's willingness to reexamine unconscionability at the time enforcement is sought. Skipping legal counsel doesn't automatically invalidate a Connecticut prenup, as long as each person had enough time and resources to consult an attorney if they did want one. In addition, a lack of counsel can leave the agreement more exposed if a court later takes a fresh look at whether it's still fair.

What makes a prenup invalid in Connecticut?

A Connecticut court can decline to enforce a prenuptial agreement if the person challenging the agreement proves that they didn't sign it voluntarily; that it was unconscionable when signed or has become unconscionable by the time enforcement is sought; or that they weren't given fair and reasonable disclosure of the other party's property, income, and financial obligations and didn't validly waive that disclosure in writing. An agreement that was never put in writing or signed by both parties also fails the basic formalities under Conn. Gen. Stat. § 46b-36b.

How long before the wedding should I sign a prenup in Connecticut?

Connecticut's statute doesn't specify a minimum number of days between finishing the agreement and the ceremony. Although no specific timeline is mandated, timing can come into play regarding the analysis of the enforceability. For example, Connecticut courts have upheld agreements signed very close to the wedding date, such as in Dornemann v. Dornemann, the court found a wife's execution of a prenuptial agreement to be knowing and voluntary where she had sufficient time to reflect upon her decision, chose independent legal representation, and could have delayed the wedding or refused to sign (Dornemann v. Dornemann, 48 Conn.Supp. 502 (2004)).

Even without a fixed rule, signing well ahead of the wedding is the safer approach, since a last-minute signing under time pressure feeds directly into an argument that the agreement wasn't entered into voluntarily, which is one of the specific grounds Connecticut courts can use to set an agreement aside under § 46b-36g.

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What can & can't be in a Connecticut prenup

Does cheating void a prenup in Connecticut?

No, cheating is not a legal ground to throw out a prenup. But Connecticut's law leaves more room for fault than a purely no-fault state would. Connecticut allows divorces to be granted on the no-fault ground of irretrievable breakdown, but it also retains traditional fault grounds like adultery (Conn. Gen. Stat. § 46b-40), and its statutes governing alimony and property division both explicitly direct courts to consider “the causes for the... dissolution of the marriage” (Conn. Gen. Stat. §§ 46b-81, 46b-82).

Are infidelity clauses enforceable in Connecticut?

According to Connecticut prenup attorney, Katherine Bakes, “Couples can include an infidelity clause in a Connecticut prenup, but I always tell clients not to rely heavily on it. Connecticut is a no-fault divorce state, and our courts are generally reluctant to enforce financial penalties tied to marital misconduct. A judge can decline to enforce such a clause if it looks punitive rather than a genuine reflection of the couple's financial agreement. The clause isn't automatically void, but if it's challenged, there's a real chance it gets set aside, especially compared to the property and asset division terms in the same agreement, which Connecticut courts enforce far more predictably.”

Can a prenup include child custody in Connecticut?

Not in a binding way. Although Connecticut's prenuptial agreement statute expressly permits couples to include provisions expressing their wishes regarding child custody, visitation, care, or other child-related matters, those provisions are always subject to judicial review and modification. (Conn. Gen. Stat. § 46b-36d). Connecticut courts must determine custody based on the child's best interests at the time the issue arises under Conn. Gen. Stat. § 46b-56b, and a prenuptial agreement cannot predetermine or limit the court's authority. Because custody decisions depend on the child's actual circumstances, any child-related provision in a Connecticut prenup is not binding on the court and may be disregarded or modified if it is not in the child's best interests.

Can a prenup protect a business in Connecticut?

Yes. Engaged couples in Connecticut may contract with respect to the rights and obligations of each party in property “whenever and wherever acquired,” which covers business ownership interests. This kind of provision carries extra weight in Connecticut specifically, since without an agreement, a court has broad authority to assign property between spouses in a divorce. A Connecticut prenup can state clearly that a business owned before the marriage or created during the marriage, along with its future growth, income, debt, or even any buyout proceeds, will remain the separate property of the founding spouse.

Can a prenup protect inheritance in Connecticut?

Yes, and in Connecticut, this kind of provision matters more than it does in most other states. Connecticut's property division statute, Conn. Gen. Stat. § 46b-81, doesn't automatically exclude inherited or gifted property from a court's authority to divide the marital estate the way many other states' laws do. A prenuptial agreement is one of the clearest ways for a Connecticut couple to make sure that inherited or gifted assets, and any growth in their value, are kept out of that broad statutory reach and preserved for the receiving spouse.

Marital property in Connecticut

Is Connecticut a community property state?

No, Connecticut is an equitable distribution state, but it applies one of the broadest versions of equitable distribution in the country. Rather than presuming a 50/50 split of property acquired during the marriage, or automatically excluding pre-marital and inherited property from the analysis, Connecticut law allows a court to consider essentially all property owned by either spouse when deciding what's fair, and dividing it in a way it deems appropriate.

How is property divided in a divorce in Connecticut without a prenup?

Under Conn. Gen. Stat. § 46b-81, a Connecticut court may assign to either spouse all or any part of the estate of the other spouse, a notably broad grant of authority compared to states that categorically exclude premarital property and inheritances/gifts from division. The court weighs factors including the length of the marriage, the causes of the marriage's breakdown, the age, health, and occupation of each party, and each spouse's contributions to the acquisition, preservation, or appreciation of the marital estate.

Does a prenup override Connecticut's property division rules?

Yes, and this is one of the main reasons Connecticut couples use premarital agreements. Because Conn. Gen. Stat. § 46b-81 gives courts broad authority over the entire marital and pre-marital estate, including property that other states would automatically treat as separate, a well-drafted Connecticut prenup is often the only reliable way to guarantee that premarital assets, inheritances, or business interests stay out of the pool a court could otherwise divide. A properly executed Connecticut prenup agreement can define in advance which assets are off the table entirely.

What is separate property in Connecticut?

Connecticut doesn't have a statutory category called “separate property” that's automatically excluded from division, which sets it apart from most other equitable distribution states. In practice, courts often leave clearly premarital or individually inherited assets with the spouse who owns them, particularly in shorter marriages, but that outcome is a matter of the court's discretion under Conn. Gen. Stat. § 46b-81 rather than a guaranteed statutory protection. This is exactly why a premarital agreement carries extra weight in Connecticut: it converts what would otherwise be discretionary treatment into a defined, contractual right.

Spousal support in Connecticut

Can a prenup waive spousal support in Connecticut?

Yes. Conn. Gen. Stat. § 46b-36d specifically allows couples to contract for the modification or elimination of spousal support. Connecticut's statute also includes a safeguard: if eliminating support would leave one spouse eligible for public assistance, a court can still require support to the extent necessary to avoid that outcome, notwithstanding the waiver.

Does a prenup prevent spousal support in Connecticut?

It can, if the agreement is written with that goal in mind. Since spousal support can be modified or eliminated by agreement under § 46b-36d, a Connecticut prenup can be used to prevent either spouse from later seeking support. Keep in mind the public-assistance safeguard in § 46b-36g, and also Connecticut's unusual rule allowing unconscionability to be assessed at the time enforcement is sought, a support waiver that looked reasonable at signing could, in theory, face renewed scrutiny years later if enforcing it would produce a genuinely unconscionable result.

How is alimony determined in Connecticut without a prenup?

Without a prenup, Connecticut courts award alimony under Conn. Gen. Stat. § 46b-82, considering many of the same factors used for property division. Courts commonly weigh:

• The length of the marriage
• The causes of the marriage's breakdown, including fault such as infidelity
• Each party's age, health, station, and occupation
• The amount and sources of each party's income
• Each party's vocational skills, employability, and estate
• Each party's needs and, where relevant, opportunity for future acquisition of capital assets and income
• Each party's contribution to the acquisition, preservation, or appreciation in value of their respective estates

As in most states, no single factor controls the outcome, and Connecticut judges have significant discretion to weigh the marriage's overall circumstances, including conduct, more directly than courts in strictly no-fault states typically do.

How much does a prenup cost in Connecticut?

How much does a prenup cost in Connecticut?

According to Connecticut prenup attorney, Katherine Bakes, “A Connecticut attorney-drafted prenup typically runs between $2,500 and $5,000 per person, depending on complexity; a business interest, multiple properties, or a family trust will increase that cost. Most attorneys here bill either a flat fee for a straightforward agreement or an hourly rate, generally between $450 and $700 an hour, with Fairfield County often charging the higher end of that range. If both spouses-to-be retain their own counsel, which I'd always recommend for enforceability, the combined cost for the couple is often somewhere in the $5,000 to $10,000 range.”

What is the cheapest way to get a prenup in Connecticut?

Typically, the most cost-effective approach is generally to build the agreement using an online prenup platform, such as HelloPrenup, and then have a Connecticut-licensed attorney review the finished draft at a flat rate, rather than paying an attorney hourly to draft the entire document. Platforms like HelloPrenup let couples complete a guided questionnaire to generate the agreement and then allow couples to choose from a list of Connecticut-licensed attorneys for review. This pairs a lower price point with the legal input that matters, given Connecticut's broad approach to marital property.

How much does a prenup lawyer cost in Connecticut?

The average attorney charges $406 per hour in Connecticut. Family law attorneys handling prenup agreements in Connecticut typically charge somewhere between $350 and $500 per hour, with rates in Fairfield County and the greater Hartford area often running toward the higher end. A simple prenuptial agreement between two people with modest, straightforward assets and debts generally takes fewer billable hours than one involving business valuations, trusts, or extended negotiation between each side's attorney.

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How to get a prenup in Connecticut

How do I get a prenup in Connecticut?

Couples in Connecticut generally take one of two paths to getting a prenup: (1) each partner hires a separate attorney, with one drafting the agreement and the other reviewing and suggesting changes, or (2) the couple uses an online prenup platform to generate the agreement and adds a Connecticut prenup attorney review on top of it. The traditional two-attorney route tends to take longer and cost more, since an attorney is billing for both drafting and negotiation time. Generating a first draft online and bringing in attorneys mainly for a final review tends to be the quicker, less expensive path.

Can I write my own prenup in Connecticut?

Yes, in most cases, since Connecticut doesn't require attorneys to enforce a prenuptial agreement. Writing your Connecticut prenup by yourself carries some risk because courts can revisit unconscionability at the time of divorce rather than only at signing. Also, a self-drafted agreement with unclear terms or incomplete disclosure is more exposed to challenge both at the outset and, potentially, years later, which is why many couples still have attorneys review the final draft.

How long does it take to get a prenup in Connecticut?

If you're hiring two attorneys to do your prenup, most couples should expect the process to take anywhere from a few weeks to a couple of months. If you're going the route of an online prenup, with HelloPrenup, it can take a few hours to a few days. Full financial disclosure is a key part of Connecticut's enforcement standard, so gathering account statements, property records, and debt information thoroughly the first time is worth the extra effort, and may take a bit more time. In addition, an attorney's caseload can affect the amount of time it takes to complete a prenup.

Do I need a lawyer to get a prenup in Connecticut?

No, hiring a lawyer isn't legally required to create a valid premarital agreement in Connecticut, as long as the agreement is in writing, signed by both parties, and otherwise meets the standards in Conn. Gen. Stat. §§ 46b-36b and 46b-36g. Even so, having an attorney review the agreement is one of the most effective ways to reduce the risk of a later challenge, particularly given Connecticut's willingness to reexamine an agreement's fairness at the time of divorce.

Further, under Connecticut law § 46b-36g(a)(4), there is only a requirement for a reasonable opportunity to consult with independent counsel, not that a party actually obtain the advice of counsel. As the Connecticut Superior Court explained in Greco v. Greco, a reasonable opportunity to consult with independent counsel means simply that the party against whom enforcement is sought must have had sufficient time before the marriage to consult with an attorney other than the attorney representing the party's future spouse, and there is no requirement that a party actually seek or obtain the advice of counsel, only that he or she be afforded a reasonable opportunity to do so (Greco v. Greco, Not Reported in Atl. Rptr. (2025)).

Caselaw & enforceability

Are prenups enforceable in Connecticut?

Yes, prenuptial agreements are enforceable in Connecticut as long as they meet the requirements of the state law. A spouse trying to get the prenup thrown out carries the burden of proving involuntariness, inadequate financial disclosure, or unconscionability, and Connecticut's statute uniquely allows that unconscionability argument to be raised either based on circumstances at signing or based on circumstances at the time of divorce (Conn. Gen. Stat. § 46b-36g).

How hard is it to break a prenup in Connecticut?

It is difficult, but Connecticut gives prenup challengers a bit more to work with than many other states because of its unconscionability rule, allowing people to argue the agreement is unfair either at signing or at divorce, rather than just at signing. Beyond the standard arguments about involuntariness or inadequate disclosure, a spouse can also argue that the agreement, even if fair when signed, has become unconscionable by the time enforcement is sought due to how the marriage and the parties' circumstances developed. Courts don't grant that argument lightly, but its availability under Connecticut's statute makes the analysis somewhat less predictable than in a state that only looks at the moment of signing. This is because it's impossible for lawyers or couples to predict what the future will look like and what could be fair / unfair in the future.

Can a judge throw out a prenup in Connecticut?

Yes, but only for one of the specific reasons recognized under Conn. Gen. Stat. § 46b-36g: involuntariness, inadequate disclosure, or unconscionability at signing or at the time of enforcement. A judge won't set aside an otherwise properly executed agreement just because it favors one spouse. Connecticut courts, going back to the reasoning in McHugh v. McHugh, 181 Conn. 482 (1980), have long emphasized both fair dealing at the time of signing and whether enforcing the agreement still makes sense given how things have actually turned out.

What can void a prenup in Connecticut?

There are a limited number of grounds on which a Connecticut prenup agreement can be voided:

• Not in writing or not signed by both parties
• Lack of voluntariness
• Inadequate financial disclosure without a valid written waiver
• Unconscionability, either when the agreement was signed or at the time of divorce
• A provision that violates public policy or requires an illegal act

Outside of these categories, Connecticut courts generally hold couples to the terms of their agreement.

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Duration & after-marriage

How long does a prenup last in Connecticut?

A valid Connecticut premarital agreement generally remains in effect for the duration of the marriage unless the couple includes an end date, sometimes referred to as a “sunset clause.” Some couples add a sunset clause which ends some or all of the agreement's terms after a set number of years or on a specific wedding anniversary (i.e., “20th wedding anniversary”). Given that Connecticut allows unconscionability to be assessed at the time enforcement is sought, a long marriage with significantly changed circumstances is more likely to invite a fresh look at fairness than it would be in a state that only evaluates the agreement as of the signing date, which may make a sunset clause make sense for some couples.

Can you get a prenup after marriage in Connecticut?

Not technically, since a prenuptial agreement has to be signed before the wedding (hence the term “pre”nup). Connecticut has directly addressed postnuptial agreements (agreements signed during the marriage), though, in Bedrick v. Bedrick, 300 Conn. 691 (2011), which held that postnuptial agreements can be enforceable in Connecticut if they satisfy fairness and disclosure standards similar to those applied to premarital agreements. Because spouses already owe each other a fiduciary-like duty of honesty once married, Connecticut courts tend to scrutinize postnuptial agreements at least as closely as premarital ones, and sometimes more closely, when it comes to disclosure and voluntariness.

Can you change a prenup in Connecticut?

Yes. Under Conn. Gen. Stat. § 46b-36f, a prenuptial agreement may be amended or revoked only by a written agreement signed by both spouses, and no separate consideration is required to make the amendment enforceable. Connecticut couples may want to amend their prenup in the event that finances change so significantly that the agreement no longer makes sense, such as starting a business unexpectedly, receiving an unexpected large inheritance, or coming into a large amount of debt.

Cross-border & recognition

Is a prenup signed in another state valid in Connecticut?

Under Conn. Gen. Stat. § 46b-36d, Connecticut law allows couples to include a choice of law provision in their premarital agreement, specifying that another state's law will govern how the agreement is interpreted. A Connecticut court asked to enforce an out-of-state prenup will still look at whether the agreement meets Connecticut's own enforcement standards under § 46b-36g and whether enforcing a particular provision would conflict with Connecticut public policy, including its broad approach to what property is subject to division, even where the agreement designates another state's law.

What happens to my Connecticut prenup if I move to another state?

This depends on how the new state treats choice-of-law provisions and its own premarital agreement law. Many other UPAA states will generally respect a Connecticut choice-of-law clause and apply Connecticut's standards to interpret the agreement, particularly where the couple had a meaningful connection to Connecticut when they signed it. Other states may still apply their own public policy limits to specific provisions, even while otherwise deferring to the parties' choice of law. For couples who live in Connecticut now but may relocate later, a clearly drafted choice-of-law clause improves the odds that Connecticut law will continue to govern the agreement, though it isn't a guarantee in every jurisdiction.