This case was not handled by our firm. However, if you have any questions regarding this case, or any family law matter, please contact Joseph Maya at 203-221-3100 or by email at JMaya@MayaLaw.com.
In Connecticut, the law regarding prenuptial agreements executed before October 1, 1995 is set forth in in the benchmark Connecticut Supreme Court case of McHugh v. McHugh, 181 Conn. 482 (1980), which held that prenuptial agreements could be enforceable (valid) if the following requirements were met:
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- the parties were provided full and fair financial information;
- the prenuptial agreement was validly entered into; (consent)
- the prenup doesn’t violate laws or public policy; and
- the spouses’ circumstances at the time of the divorce are not so beyond what they had contemplated they would be at the time the prenup was signed as to cause its enforcement to work an injustice.
There must be full and fair disclosure and valid consent
The first McHugh criterion focuses on whether the Connecticut prenuptial agreement in question complies with the ordinary principles of contract law. Specifically, courts look at the terms of the agreement and the circumstances surrounding the agreement’s execution (signing) to see whether the parties were aware of their legal rights and their respective assets and liabilities, and proceeded to alter those rights in a fair and voluntary matter.
The contract must not violate public policy
The second criterion involves potential violations of public policy, such as:
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- a provision (term in the contract) which waives the right to defend against a future action;
- a provision which creates a substantial economic advantage in divorce, irrespective of fault (such as a term that creates an incentive to divorce); or
- a provision relieving one spouse of the duty to support the other during the marriage.
The contract can’t result in an unreasonable injustice at the time of divorce
If, at the time of enforcement (divorce), the court finds that the circumstances of the parties have changed so far beyond what they contemplated at the time the agreement was made as to result in an injustice, the court may hold that the agreement is not valid.
In discussing this third requirement, the McHugh court found that where the divorce is the result of one spouse’s misconduct (for example, adultery), the innocent spouse’s premarital agreement to give up rights, such as to alimony, may not be enforceable because it would result in an unfair result. The outcome of each case will of course depend upon the circumstances of the particular case and the language of the agreement.[1]
This case was not handled by our firm. However, if you have any questions regarding this case, or any family law matter, please contact Joseph Maya at 203-221-3100 or by email at JMaya@MayaLaw.com.
If you have questions about a Connecticut prenuptial agreement, or if you would like to speak to an experienced family law attorney, please feel free to contact the experience divorce and family law attorneys of Maya Murphy, P.C. in Westport, CT today at 203-221-3100 or by email at JMaya@mayalaw.com.
[1] “Prenuptial Agreements in Connecticut,” posted by Divorcenet.
http://www.divorcenet.com/states/connecticut/ct_art02
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