Connecticut By Chaninat & Leeds
26 July 2011
Connecticut adopted the U.P.A.A. in 1995. The Connecticut Premarital Agreement Act (Section 46b-36a) is virtually identical to the U.P.A.A. Thus, the statutory law does not answer whether a couple’s choice of law will apply to the validity and enforcement issues as well as the construction issues. Unlike Illinois, the common law provides an answer to this ambiguity. In Elgar v. Elgar, the court found that if a couple’s choice of law provision is valid it applies to all validity, enforcement, and construction issues. The court elaborated and found that a choice of law provision would apply to the entire agreement unless it violated Connecticut public policy and Connecticut had a materially greater interest in the case. For conflicts of law in prenuptial agreement, Connecticut applies the “most significant relationship” approach (Lord v. Lord).
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