Manchester, Connecticut Lesbian and Gay Rights Attorney
Pre-Nuptial Agreements Attorney
Law Offices of Irene C. Olszewski, LLC
If you plan to enter into marriage or Civil Union, you may wish to execute a Prenuptial Agreement. In the event that your marriage or Civil Union later terminates, a court may determine the distribution of your assets if you and your spouse can not agree. Planning in advance could save you time, money, and unanticipated problems.
A Prenuptial Agreement is a contract enforceable by a court of law that clearly details how real and personal property will be distributed upon dissolution (divorce). For example, Person A lives in a home that has been in her family for three generations. Upon their marriage, Person B will move into the home but it is the couple's mutual intention and understanding that if the marriage should terminate, Person B will move out and will have no claim or interest in the title to the home. The specific details of that agreement should be memorialized in a formal written and properly executed Prenuptial Agreement.
Along the same lines, imagine that Person B will enter the marriage owning a large collection of rare and valuable paintings. The parties may agree in writing -- prior to entering into the marriage -- that upon termination of the marriage, Person A will have no claim or interest in that collection of paintings and Person B will retain all rights and interest in the collection.
The Connecticut legislature enacted Public Act 95-170 which went into effect on October 1, 1995 and became applicable to all premarital (prenuptial) agreements executed on or after that date. The Act was codified as Connecticut General Statues Sec. 46b-36a through 46b-36j.
The text of C.G.S Sec. 46b-36d
explicitly states that “(a) Parties
to a premarital agreement may contract with respect to:
(1) The rights and obligations of each of the parties in any of the
property of either or both of them whenever and wherever acquired or located;
(2) The right to buy, sell, use, transfer, exchange, abandon, lease,
consume, expend, assign, create a security interest in, mortgage, encumber,
dispose of, or otherwise manage and control property;
(3) The disposition of property upon separation, marital dissolution,
death, or the occurrence or nonoccurrence of any other event;
(4) The modification or elimination of spousal support;
(5) The making of a will, trust or other arrangement to carry out the
provisions of the agreement;
(6) The ownership rights in and disposition of the death benefit from a
life insurance policy;
(7) The right of either party as a participant or participant's spouse
under a retirement plan;
(8) The choice of law governing the construction of the agreement; and
(9) Any other matter, including their personal rights and obligations.
(b) No provision made under subdivisions (1) to (9), inclusive, of
subsection (a) of this section may be in violation of public policy or of a
statute imposing a criminal penalty.
(c) The right of a child to support may not be adversely affected by a
premarital agreement. Any provision relating to the care, custody and visitation
or other provisions affecting a child shall be subject to judicial review and
modification."
Under current Connecticut law, “a
premarital agreement becomes effective upon marriage unless otherwise provided
in the agreement.”
Sec. 46b-36f
states, "after
marriage, a premarital agreement may be amended or revoked only by a written
agreement signed by the parties. The amended agreement or the revocation shall
be enforceable without consideration.”
Finally,
Sec. 46b-36g
states that, “(a) A premarital agreement or amendment shall not be
enforceable if the party against whom enforcement is sought proves that:
(1) Such party did not execute the agreement voluntarily; or
(2) The agreement was unconscionable when it was executed or when
enforcement is sought; or
(3) Before execution of the agreement, such party was not provided a fair
and reasonable disclosure of the amount, character and value of property,
financial obligations and income of the other party; or
(4) Such party was not afforded a reasonable opportunity to consult with
independent counsel.
(b) If a provision of a premarital agreement modifies or eliminates
spousal support and such modification or elimination causes one party to the
agreement to be eligible for support under a program of public assistance at the
time of separation or marital dissolution, a court, notwithstanding the terms of
the agreement, may require the other party to provide support to the extent
necessary to avoid such eligibility.
(c) An issue of unconscionability of a premarital agreement shall be
decided by the court as a matter of law.”
A licensed lesbian and gay rights attorney at the Law Offices of Irene C.
Olszewski, LLC is available to assist you in drafting a Prenuptial Agreement.
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Recall that civil union is a legal status that cannot be dissolved (terminated) without a court decree. By virtue of entering into a civil union, your assets may no longer necessarily be classified as your own personal assets and your partner may have a legal claim to some or all of those assets. A Pre-Civil Union Agreement functions similarly to a Pre-Nuptial Agreement, in that it may provide for the distribution of specific assets upon dissolution. For example, the way your primary residence is distributed among you and your partner upon dissolution of your civil union might be addressed in advance. There are a variety of scenarios and issues that should be considered with respect to your individual and joint assets. You should consult a licensed attorney to discuss the specifics of a Pre-Civil Union Agreement before you enter into civil union. A Connecticut gay and lesbian rights attorney at the Law Office of Irene C. Olszewski, LLC is available to answer your questions.
If you and your partner chose not to enter into marriage or Civil Union, you may still execute a valid Property Settlement Agreement, Relationship Agreement or contract that will clearly detail specific important terms in the event that your relationship terminates. Similar to the Prenuptial Agreement discussed in the above section, such a document is a contractual agreement that allows committed same-gender couples to decide how important issues (such as the division of real property) will be handled in the event of a break-up.
In Boland v. Catalano, 202 Conn. 333, 339, 521 A.2d142 (1987), the Court held that, "cohabitation alone does not create any contractual relationship, or unlike marriage, impose any other legal duties upon the parties." However, for many committed same-sex couples, their financial lives are co-mingled, they jointly hold title to real property, automobiles, recreational vehicles, and the like. Many couples have spent decades together in a committed relationship without the option of entering into legally valid marriage or Civil Union.
Just as marriages and Civil Unions sometimes end in divorce, committed same-gender couples without a formal legal relationship may find themselves splitting up, even after many years together. Although same-sex marriages and Civil Unions have become a reality in Connecticut, not all couples will (or should) choose this legal option.* For that reason, it is often prudent to prepare in advance for such difficult situations, so that decisions can be made while the parties are thinking rationally and without the interference of hurtful or devastating emotions.
For more information on your legal rights in domestic partnership agreements and pre-civil union agreements, contact a Connecticut lesbian and gay rights lawyer at the Law Offices of Irene C. Olszewski, LLC.
Return to the main Lesbian & Gay Legal Issues In Connecticut page.
Read the Article: "A Year of Questions" **
(**published in Connecticut Law Tribune 12/14/09 about same-sex marriage 1 year after legalization in CT.
Attorney Olszewski was interviewed for this article)
Blog: Connecticut Lesbian and Gay Law Blog: Attorney O's Midnight Musings
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The Law Offices of Irene C. Olszewski, LLC handles legal matters for LGBTI clients throughout the state of Connecticut including Hartford County, Tolland County, Middlesex County, New Haven County, New London County, Litchfield County, Windham County, and Fairfield County.
Disclaimer: This website is for informational purposes only. It is not intended to be and should not be construed as legal advice. Use of this website and/or the information contained on this website is not intended to create an attorney-client relationship. All legal questions should be addressed to a licensed attorney.
Manchester, Connecticut Lesbian and Gay Rights Lawyer
Manchester, Connecticut Pre-Nuptial Agreements Lawyer
Law Offices of Irene C. Olszewski