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 against whom enforcement is sought did not sign the agreement 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. The agreement was “unconscionable” when it was signed or “unconscionable” at the time of enforcement. Unconscionable does not mean unfair or even unreasonable. It is a higher standard. Think very one sided. The analysis in court typically is: Will enforcement of the premarital agreement amount to an “injustice”? To avoid a claim of unconscionability of the time of enforcement, it may be worthwhile to execute a postnuptial agreement (entered into after the marriage). This is particularly true in the case of lengthy marriage. Postnuptial agreements are valid in Connecticut.
3. Before signing the agreement, the party against whom enforcement is sought was not provided with “fair and reasonable” disclosure of the amount, character and value of property, financial obligations and income of the other party. A good practice is a mutual exchange of tax returns and statement of assets and liabilities of each party signed under oath.
4. The party against whom enforcement is sought was not afforded a reasonable opportunity to consult with independent counsel. Note – the party does not have to retain an attorney or even confer with a lawyer. They must, however, have been allowed a reasonable time to do so and declined. If a party to a premarital agreement did not confer with independent counsel despite a reasonable opportunity to do so, language should be included in the agreement to this effect – a waiver of counsel.