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 Husband’s interests in a business. The court apparently found that there was fair and reasonable disclosure since the Wife was otherwise aware of the Husband’s business interests.
Two thoughts:
1. The law requires “fair” and “reasonable” disclosure. What is “fair” and “reasonable” are subject to a particular judge’s interpretation. Even though something less than “full” disclosure is required, the better practice is avoid this defense altogether. Therefore, when representing the party who is requesting the prenuptial agreement, disclose it all.
2. The agreement in this case was signed a day before the wedding. The opinion does not address the requirement that prenuptial agreements must be executed voluntarily (i.e. no duress). It would seem therefore that the duress argument was not made at trial. Notwithstanding, waiting until the day before your wedding to execute a prenuptial, invites trouble for purpose of enforcement.