GLASTONBURY, CONNECTICUT · FAMILY LAW + FAMILY-VIOLENCE DEFENSE
When a marriage ends with an agreement in place, the agreement itself sometimes becomes the dispute.
The grounds are in C.G.S. §46b-36g, and the burden is on the person resisting enforcement. They must prove the agreement was not signed voluntarily; or that it was unconscionable when executed or when enforcement is sought; or that there was no fair and reasonable disclosure of the other’s property, obligations, and income; or that there was no reasonable opportunity to consult independent counsel.
Two points shape most of these cases. Unconscionability is measured at two moments, so an agreement reasonable when signed can still be examined against circumstances decades later. And the opportunity to consult counsel is what matters — a spouse who chose not to see a lawyer, having had the chance, has a weaker argument than one who was never given the chance.
Whether an agreement is unconscionable is decided by the court as a matter of law.
Different framework. Postnuptial agreements are governed by Bedrick v. Bedrick rather than the statute, under special scrutiny — fair and equitable at execution, not unconscionable at dissolution, with full and fair disclosure. They also require consideration, which a premarital agreement does not.
Applying the §46b-36g standard to a postnuptial agreement is a common error.
The Premarital Agreement Act does not affect the validity of agreements made before that date. Older agreements are assessed under the law that preceded the Act.
Connecticut’s rules require the agreement to be raised early rather than saved. A party seeking enforcement must specifically demand it and identify the agreement by date, generally within 60 days of the return date. A party seeking to avoid it must specifically plead avoidance and the grounds relied upon, within 60 days of the claim seeking enforcement.
Missing those windows creates a problem independent of the merits.
The firm drafts agreements intended to hold up, and litigates them when they are challenged. Those are related skills — the litigation shows you where the failures are.
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Every case starts with a conversation about what you’re facing and what it would take to handle it.
