How is premarital property in a Connecticut divorce handled? I frequently hear: “It was mine before the marriage. Can he/she get it?” In theory – yes. As stated in my prior posts, Connecticut is an “all property equitable distribution” state. This means that any property that either spouse owns, regardless of when the property was…
The Connecticut Premarital Act, Connecticut General Statutes Section 46b-36g, requires that parties to a prenuptial agreement provide fair and reasonable disclosure of the amount, character, and value of the property, financial obligations and income to the other party. Note – this duty to inform exists regardless as to whether the other party has requested the…
Because he wants to talk. Apparently there is a prenuptial agreement that does more than just divide property and settle support. The prenup also contains a confidentiality clause which prohibits Kim and Kris from discussing publicly the details of their “marriage.” Kim wants to make it simple. She wants a divorce. After all, it was…
In determining the validity of a prenuptial agreement, Connecticut law requires fair and reasonable disclosure of amount, character, and value of property, financial obligations and income before the execution of a prenuptial agreement. In a recent Connecticut divorce, the judge found a prenuptial agreement valid and enforceable even though the agreement failed to include the…
Yes – provided certain requirements are met. In 1995, section 46-36g of the Connecticut General Statutes became effective. The statute sets forth the circumstances under which a premarital or prenuptial agreement would not be enforced. The burden is on the party seeking to invalidate the agreement to prove any of the following: 1. The party…
Effective August 15, 2011, Connecticut Practice Book Section 25-2A requires: If a party to a divorce wishes to enforce a premarital or postnuptial they must disclose the existence of the agreement within 60 days of the return date of the divorce complaint and demand its enforcement. If a party to a divorce seeks to avoid…