Sec. 46b-36g. Enforcement of premarital agreement.
179 words·~1 min read·
/ct/title-46b/chapter-815e-marriage/46b-36g·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)A premarital agreement or amendment shall not be enforceable if the party against whom enforcement is sought proves that:
(1)Such party did not execute the agreement voluntarily; or
(2)The agreement was unconscionable when it was executed or when enforcement is sought; or
(3)Before execution of the agreement, such party was not provided a fair and reasonable disclosure of the amount, character and value of property, financial obligations and income of the other party; or
(4)Such party was not afforded a reasonable opportunity to consult with independent counsel.
(b)If a provision of a premarital agreement modifies or eliminates spousal support and such modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid such eligibility.
(c)An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.