PRENUPTIAL AGREEMENT
(Connecticut – Conn. Gen. Stat. §§ 46b-36a et seq.)
[// GUIDANCE: This template is drafted to comply with the Connecticut Premarital Agreement Act (“CPAA”) and the Uniform Premarital Agreement Act (“UPAA”) as adopted in Connecticut. Customize bracketed text, attach full financial disclosure schedules, and obtain independent legal review before execution.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Financial Disclosure & Acknowledgments
- Classification, Management, and Disposition of Property
- Debts, Indemnification & Liability Caps
- Spousal Support; Waivers & Limitations
- Estate Planning & Death Benefits
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
- Exhibits & Schedules
1. DOCUMENT HEADER
1.1 Parties.
This Prenuptial Agreement (“Agreement”) is made and entered into as of [EFFECTIVE DATE] (“Effective Date”) by and between:
(a) [FULL LEGAL NAME OF PROSPECTIVE SPOUSE 1], residing at [ADDRESS] (“Party A”); and
(b) [FULL LEGAL NAME OF PROSPECTIVE SPOUSE 2], residing at [ADDRESS] (“Party B”).
Collectively, Party A and Party B are referred to as the “Parties” and individually as a “Party.”
1.2 Recitals.
A. The Parties contemplate legal marriage in the State of Connecticut on or about [WEDDING DATE] (“Marriage”).
B. Each Party desires to specify the ownership and disposition of certain rights and obligations in property, support, and other matters, both during marriage and upon dissolution, death, or other events.
C. This Agreement is made pursuant to, and intended to be enforceable under, the Connecticut Premarital Agreement Act, Conn. Gen. Stat. §§ 46b-36a – 46b-36j.
D. The Parties have provided to each other a fair and reasonable disclosure of their respective assets, liabilities, and income, attached hereto as Schedule A (Party A Disclosure) and Schedule B (Party B Disclosure).
E. Each Party has had an opportunity to consult independent legal counsel of their choice, or has knowingly and voluntarily waived such right.
In consideration of the mutual promises and covenants herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
2. DEFINITIONS
For purposes of this Agreement, capitalized terms have the meanings set forth below. Undefined capitalized terms shall be given their plain meaning under Connecticut law.
“Act” means the Connecticut Premarital Agreement Act, Conn. Gen. Stat. §§ 46b-36a et seq.
“Affiliate” means, with respect to a Party, any entity or individual controlling, controlled by, or under common control with that Party.
“Community Property” is inapplicable under Connecticut law; references are for clarity where the Parties hold property jointly.
“Marital Property” means any property, however titled, that the Parties agree in Section 4.2 shall be treated as subject to equitable distribution upon Divorce.
“Non-Marital Property” means property classified in Section 4.1 as the separate property of a Party, to remain that Party’s exclusive property.
“Divorce” means a judgment dissolving the Marriage under Conn. Gen. Stat. § 46b-40.
“Fair Market Value” means the price at which property would change hands between a willing buyer and willing seller, each under no compulsion and both having reasonable knowledge of relevant facts.
“Force Majeure Event” has the meaning set forth in Section 10.3.
“Unconscionable” has the meaning assigned in Conn. Gen. Stat. § 46b-36g(a)(2).
3. FINANCIAL DISCLOSURE & ACKNOWLEDGMENTS
3.1 Mutual Disclosure. Each Party acknowledges receipt of the other Party’s Schedule A or B and affirms its completeness and accuracy to the best of that Party’s knowledge as of the Effective Date.
3.2 Reliance. The Parties enter into this Agreement in reliance upon the disclosures provided and acknowledge such disclosures are fair and reasonable within the meaning of Conn. Gen. Stat. § 46b-36g(a)(3).
3.3 Voluntariness. Each Party represents that:
(a) This Agreement is executed voluntarily and free of duress or undue influence;
(b) At least seven (7) calendar days have elapsed between first receipt of the final Agreement and execution, satisfying best-practice “cooling-off” standards; and
(c) Each Party either (i) was represented by independent counsel ([COUNSEL NAME]) or (ii) knowingly and voluntarily waived such representation in writing.
[// GUIDANCE: If a Party waives counsel, insert a separate counsel-waiver acknowledgment immediately before the signature line.]
4. CLASSIFICATION, MANAGEMENT, AND DISPOSITION OF PROPERTY
4.1 Non-Marital Property. The following shall remain the sole and separate property of the indicated Party, free from any claim by the other Party, whether now owned or hereafter acquired:
4.1.1 Property listed on Schedule A (Party A Separate Property);
4.1.2 Property listed on Schedule B (Party B Separate Property);
4.1.3 All income, rents, issues, profits, appreciation, and proceeds derived from the foregoing; and
4.1.4 Any property acquired solely in exchange for Non-Marital Property or its proceeds.
4.2 Marital Property. The following shall constitute Marital Property subject to equitable distribution by a court of competent jurisdiction or as otherwise mutually agreed in writing:
(a) Real property jointly titled after the Marriage;
(b) Personal property jointly titled and expressly designated “Marital” in a contemporaneous writing; and
(c) Any asset both Parties, in a writing signed by them after the Effective Date, characterize as Marital Property.
4.3 Management and Control. Each Party retains sole management and control over his or her Non-Marital Property. The Parties shall share management and control over Marital Property per Connecticut law unless otherwise agreed.
4.4 Transfers Between Parties. Any inter-spousal transfer must be in a signed writing identifying the property and intent to transfer, and shall not be construed to modify Sections 4.1 or 4.2 absent express reference to this Agreement.
5. DEBTS, INDEMNIFICATION & LIABILITY CAPS
5.1 Separate Debts. Debts and liabilities (including contingent liabilities) shown on Schedule A or B, or incurred separately after the Effective Date, shall remain the separate obligation of the incurring Party.
5.2 Marital Debts. Debts jointly incurred in writing by both Parties after the Marriage shall be treated as Marital Debts, allocated in the same proportion as ownership of the underlying Marital Property or as otherwise agreed.
5.3 Mutual Indemnification. Each Party (“Indemnifying Party”) shall defend, indemnify, and hold harmless the other Party and that Party’s Affiliates (“Indemnified Party”) from any Losses arising out of or related to:
(a) The Indemnifying Party’s Separate Debts;
(b) Breach of this Agreement; or
(c) Fraud or intentional misconduct.
5.4 Liability Caps. Except for (i) indemnification obligations in Section 5.3, (ii) claims based on fraud, willful misconduct, or gross negligence, and (iii) obligations relating to child support, each Party’s aggregate liability to the other arising from this Agreement shall not exceed the greater of:
(a) The value of that Party’s Non-Marital Property as of the date of claim; or
(b) US $[CAP AMOUNT].
6. SPOUSAL SUPPORT; WAIVERS & LIMITATIONS
6.1 Conditional Waiver. Subject to Section 6.2, each Party hereby waives and releases any right to receive alimony, spousal maintenance, or similar support from the other Party, whether temporary or permanent.
6.2 Unconscionability Safety Valve. If, at the time of enforcement, the waiver in Section 6.1 would render a Party eligible for public assistance or otherwise be Unconscionable under Conn. Gen. Stat. § 46b-36g(b), a court may require support to the extent necessary to avoid such Unconscionability.
6.3 No Limitation on Child Support. Nothing in this Agreement limits or affects the right of any child to receive support. Any provisions purporting to do so shall be void.
7. ESTATE PLANNING & DEATH BENEFITS
7.1 Waiver of Elective Share. Each Party knowingly waives any statutory elective share or statutory share rights in the estate of the other, except as provided in any subsequent testamentary instrument.
7.2 Life Insurance.
(a) Existing Policies. Each Party may maintain ownership and beneficiary designations on existing life insurance policies.
(b) Optional Marital Policy. If the Parties obtain a joint policy, they shall designate beneficiaries by separate written agreement.
7.3 Estate Planning Cooperation. Each Party shall, upon request, execute and deliver such additional instruments (e.g., wills, trusts) consistent with this Agreement.
8. COVENANTS & RESTRICTIONS
8.1 Good-Faith Cooperation. The Parties shall cooperate in good faith to effectuate the purposes of this Agreement and to execute documents reasonably necessary to carry out its terms.
8.2 Confidentiality. Except as required by law, court order, or to enforce this Agreement, neither Party shall disclose the existence or terms of this Agreement.
8.3 Notice of Material Change. A Party shall notify the other in writing within thirty (30) days after any material change in Net Worth exceeding US $[THRESHOLD] or incurrence of any liability exceeding US $[THRESHOLD].
9. DEFAULT & REMEDIES
9.1 Events of Default. A Party is in default if that Party:
(a) Fails to perform any material obligation under this Agreement and such failure continues for thirty (30) days after written notice;
(b) Makes a material misrepresentation in Schedule A or B; or
(c) Commits fraud with respect to property or obligations governed by this Agreement.
9.2 Cure Period. Except for fraud, the defaulting Party may cure within the notice period or such longer period agreed in writing.
9.3 Remedies. Upon default, the non-defaulting Party may seek:
(i) Specific performance;
(ii) Injunctive relief;
(iii) Monetary damages subject to Section 5.4 liability caps; and
(iv) Recovery of reasonable attorneys’ fees and costs.
10. RISK ALLOCATION
10.1 Insurance. Each Party shall maintain commercially reasonable insurance (health, liability, property) on assets in that Party’s sole name. Jointly owned assets shall be insured jointly.
10.2 Force Majeure. Neither Party shall be liable for failure to perform caused by acts beyond reasonable control, including natural disasters, war, or governmental action (“Force Majeure Event”). The affected Party shall give prompt written notice and use diligent efforts to resume performance.
10.3 Tax Treatment. The Parties acknowledge that transfers under this Agreement may have tax consequences. Each Party has had an opportunity to consult tax advisors and is not relying on the other Party for tax advice.
11. DISPUTE RESOLUTION
11.1 Governing Law. This Agreement and any dispute arising hereunder shall be governed by and construed in accordance with the domestic laws of the State of Connecticut, without regard to its conflict-of-laws rules.
11.2 Forum Selection. All judicial proceedings shall be brought exclusively in the Connecticut Superior Court, Family Division, [COUNTY] Judicial District.
11.3 Limited Arbitration. The Parties may, by mutual written agreement after a dispute arises, submit any property-related dispute (other than child-related matters) to binding arbitration under the rules of the American Arbitration Association. Absent such later agreement, arbitration is unavailable.
11.4 Specific Performance. The Parties acknowledge that monetary damages may be inadequate and agree that the obligations herein are enforceable by decree of specific performance or injunctive relief without posting bond.
11.5 No Jury Trial. As family matters in Connecticut are tried to the court, the Parties knowingly waive any right to jury trial to the extent one may otherwise exist.
12. GENERAL PROVISIONS
12.1 Amendments; Revocation. This Agreement may be amended or revoked only by a written instrument signed by both Parties.
12.2 Assignment. A Party may not assign or delegate any right or obligation hereunder without prior written consent of the other Party, except to a revocable or irrevocable trust for estate planning purposes that remains subject to this Agreement.
12.3 Severability; Reformation. If any provision is held invalid, the remaining provisions shall remain in full force, and the invalid provision shall be interpreted to best effectuate the Parties’ intent and the Act.
12.4 Entire Agreement. This Agreement, together with Schedules A and B and any subsequent written amendments, constitutes the entire understanding of the Parties regarding the subject matter hereof.
12.5 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original, and all of which together constitute one instrument. Signatures delivered by electronic means shall be deemed original.
12.6 Successors & Assigns. This Agreement binds and inures to the benefit of the Parties and their respective heirs, executors, administrators, successors, and permitted assigns.
13. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties hereto have executed this Prenuptial Agreement as of the Effective Date.
| Party | Signature | Date |
|---|---|---|
| [PARTY A NAME] | ________ | ____ |
| [PARTY B NAME] | ________ | ____ |
[OPTIONAL NOTARIZATION – Recommended for evidentiary purposes]
STATE OF CONNECTICUT
COUNTY OF ____
On this ___ day of ____, 20__, before me, the undersigned, personally appeared [PARTY A NAME] and [PARTY B NAME], known to me (or satisfactorily proven) to be the persons whose names are subscribed to the foregoing instrument, and acknowledged that they executed the same for the purposes therein contained.
Notary Public
My Commission Expires: ____
14. EXHIBITS & SCHEDULES
• Schedule A – Party A Financial Disclosure & Separate Property List
• Schedule B – Party B Financial Disclosure & Separate Property List
• [Optional Schedule C – Joint Property Acquired Pre-Marriage]
• [Optional Counsel Acknowledgment & Waiver Forms]
[// GUIDANCE:
1. Insert detailed asset/liability schedules.
2. Confirm each Party had independent counsel OR attach a signed counsel-waiver.
3. Provide each Party a fully executed copy well before the wedding date.
4. Retain originals in a secure location (e.g., counsel’s file or safe deposit box).]