Connecticut Prenuptial Agreement Laws: Requirements and Enforceability

Yes. Connecticut enforces prenuptial agreements under its own statute, the Connecticut Premarital Agreement Act, Conn. Gen. Stat. 46b-36a to 46b-36j. The agreement must be in writing and signed by both parties (46b-36c), and section 46b-36g lists four things the challenging spouse can prove to defeat it: involuntariness, unconscionability, lack of fair disclosure, or no reasonable opportunity to consult independent counsel.

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers premarital (prenuptial) agreements under the Connecticut Premarital Agreement Act, Conn. Gen. Stat. 46b-36a to 46b-36j, postnuptial agreements under Connecticut case law, and property division under Conn. Gen. Stat. 46b-81. It does not cover other states' law, tax or estate-planning effects, or how to draft an agreement. For divorce, see Connecticut divorce laws.

Which law governs prenups in Connecticut

Connecticut's prenup law has its own name. Section 46b-36a provides: "Sections 46b-36a to 46b-36j, inclusive, may be cited as the Connecticut Premarital Agreement Act." The act came from Public Act 95-170 and took effect October 1, 1995. It applies to agreements signed on or after that date; section 46b-36j provides that it does not affect the validity of earlier agreements.

The act's text does not call itself a uniform act. This article does not compare it with the Uniform Premarital Agreement Act or any other state's version; it describes only what the Connecticut sections say.

Formal requirements for a Connecticut prenup

Writing and signatures. Section 46b-36c is short: "A premarital agreement shall be in writing and signed by both parties. It shall be enforceable without consideration."

When it takes effect. Under section 46b-36e, "A premarital agreement becomes effective upon marriage unless otherwise provided in the agreement."

No notary or witness requirement in the act. None of the ten sections, 46b-36a through 46b-36j, requires the agreement to be notarized or witnessed. The act also sets no waiting period between receiving the agreement and signing it.

When a Connecticut prenup is not enforceable

Section 46b-36g(a) is the key section. It provides that a premarital agreement or amendment "shall not be enforceable if the party against whom enforcement is sought proves that" any of four things is true:

Three points about these defenses follow from the statute's wording.

The burden is on the challenger. The section speaks of what "the party against whom enforcement is sought proves."

Unconscionability is judged at two moments. The agreement can fail if it was unconscionable when signed or when enforcement is sought, and section 46b-36g(c) leaves that question to the court as a matter of law.

Counsel is an opportunity, not a requirement. The act does not require each party to have a lawyer. Subsection (a)(4) asks whether the party had a reasonable opportunity to consult independent counsel.

What Friezo v. Friezo shows

In Friezo v. Friezo, 281 Conn. 166, 914 A.2d 533 (2007), the Connecticut Supreme Court reversed a trial court that had refused to enforce a prenuptial agreement. The court concluded "that the trial court's decision to invalidate the parties' prenuptial agreement under 46b-36g (a) (3) and (4) cannot stand, and that the agreement must be enforced and the assets distributed according to its terms." Those are the disclosure and independent-counsel defenses.

Spousal support waivers

A Connecticut prenup can address spousal support, but section 46b-36g(b) adds a safety valve. If a waiver or limit on support would leave a spouse eligible for public assistance at the time of separation or 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."

For how alimony is decided without an agreement, see Connecticut alimony laws.

What a prenup cannot do in Connecticut

Section 46b-36d limits agreements that touch children and public policy:

"The right of a child to support may not be adversely affected by a premarital agreement. Any provision relating to the care, custody and visitation or other provisions affecting a child shall be subject to judicial review and modification."

The same section also provides that no provision of a premarital agreement may violate public policy or a criminal statute.

Changing or revoking a prenup

Under section 46b-36f, "After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties." The amendment or revocation is enforceable without consideration.

Section 46b-36i tolls (pauses) any statute of limitations on a claim under the agreement while the parties are married, although the equitable defenses of laches and estoppel remain available.

If the marriage is void or voidable

Section 46b-36h addresses agreements tied to a marriage that turns out to be invalid: "If the marriage is held void or voidable, an agreement that would otherwise have been a premarital agreement shall be enforceable only to the extent necessary to avoid an inequitable result."

Postnuptial agreements in Connecticut

The Premarital Agreement Act covers agreements signed before marriage. Agreements signed during marriage are governed by case law. In Bedrick v. Bedrick, 300 Conn. 691 (2011), the Connecticut Supreme Court held that postnuptial agreements are valid and enforceable but wrote:

"we conclude that postnuptial agreements are subject to special scrutiny and the terms of such agreements must be both fair and equitable at the time of execution and not unconscionable at the time of dissolution."

A Connecticut Judicial Branch law-library guide quotes Practice Book section 25-2A, which applies to both premarital and postnuptial agreements: a party seeking enforcement must specifically demand it, and a party seeking to avoid the agreement must file a reply stating the grounds within 60 days of that demand unless the court permits otherwise.

How Connecticut divides property without a prenup

Without an agreement, Connecticut courts divide property by equitable distribution: the Superior Court may assign to either spouse all or any part of the estate of the other, applying the factors in Conn. Gen. Stat. 46b-81(c). For divorce grounds and procedure, see Connecticut divorce laws.

This page is general information, not a drafting guide. A lawyer licensed in Connecticut can draft or review premarital agreements, and the act itself treats a reasonable opportunity to consult independent counsel as one of the conditions for enforcement (46b-36g(a)(4)).

Disclaimer: This article provides general legal information about premarital and postnuptial agreements under the Connecticut Premarital Agreement Act, Conn. Gen. Stat. 46b-36a to 46b-36j, and Connecticut case law. It is not legal advice. The information was verified on 2026-10-08, and the law can change; the 2026 Supplement was checked and contains no changes to the premarital agreement sections. For advice about your situation, consult a lawyer licensed in Connecticut.

Related

• Prenuptial agreement laws in every state
• Connecticut divorce laws
• Connecticut alimony laws
• Connecticut child support laws

Last updated: 2026-10-08.

Frequently Asked Questions

Are prenups enforceable in Connecticut?

Yes, if they meet the Connecticut Premarital Agreement Act. A prenup must be in writing and signed by both parties (46b-36c), and section 46b-36g(a) makes it unenforceable if the challenging party proves one of four defenses in Conn. Gen. Stat. 46b-36g(a).

Does a prenup need to be notarized in Connecticut?

The Connecticut Premarital Agreement Act, 46b-36a to 46b-36j, contains no notarization or witness requirement. Section 46b-36c requires a writing signed by both parties.

Do both parties need a lawyer for a Connecticut prenup?

The act does not require it. Under 46b-36g(a)(4), an agreement is unenforceable if the challenging party proves he or she was not afforded a reasonable opportunity to consult independent counsel.

Can a prenup waive alimony in Connecticut?

A prenup can address spousal support, but under 46b-36g(b) a court may still require support to the extent necessary to keep a spouse from becoming eligible for public assistance at separation or dissolution.

Can a Connecticut prenup decide child support or custody?

A child's right to support may not be adversely affected, and custody and visitation provisions are subject to judicial review and modification (Conn. Gen. Stat. 46b-36d).

Are postnuptial agreements valid in Connecticut?

Yes. In Bedrick v. Bedrick, 300 Conn. 691 (2011), the Connecticut Supreme Court held they are subject to special scrutiny and must be fair and equitable when signed and not unconscionable at dissolution.