Yes – prenuptial agreements are valid in Connecticut and will be enforced as long as certain requirements are met.
1. Was the agreement signed voluntarily? For example, a party may claim that he/she signed under duress because the agreement was presented very close to the wedding day.
2. Was the agreement “unconscionable” when it was signed or “unconscionable” at the time of divorce? Unconscionable does not mean unfair or even unreasonable. It is a higher standard. Think very one sided.
3. Was there reasonable financial disclosure before signing the agreement? There should be disclosure concerning the income of each party, the amount, character and value of all property as well their financial obligations (debts). A good practice is the mutual exchange of tax returns and statement of assets and liabilities of each party signed under oath. Be as transparent as possible.
4. Were the parties afforded a reasonable opportunity to consult with independent counsel? This does not mean that each party retained or conferred with a lawyer. However, they must have been allowed a reasonable amount of time to do so. If one of the parties did not confer with independent counsel despite a reasonable opportunity to do so, language should be included in the agreement to this effect.