Recently a British woman wrote to a newspaper advice column about a clause her boyfriend wanted to put in their prenuptial agreement:
I have been with my partner for two years and we are talking about getting married. But, he says he won’t commit himself to me (or anyone) unless there’s a firm deal in place about how often we make love.
His marriage and last relationship ended because both women lost interest in sex. He says he wants an undertaking that we would have sex at least twice a week, unless one of us is ill or away.
I hate the idea of sex becoming a duty rather than a pleasure. Shouldn’t love be unconditional?
Read more: http://www.dailymail.co.uk/femail/article-2087052/ROWAN-PELLINGS-SEX-ADVICE-My-man-wants-sign-twice-week-sex-contract.html#ixzz1kC3Pk54f
Would such a provision be enforceable in Connecticut? Probably not.
Prenuptial agreements, also known as premarital or antenuptial agreements, commonly deal with issues like financial arrangements and the division of property in the event the couple divorces. Prenups can also help resolve inheritance issues if one member of the couple dies without a will.
In Connecticut, the law governing prenuptial agreements entered into before October 1, 1995 is set forth in the 1980 Connecticut Supreme Court case of McHugh v. McHugh.
case holds that prenuptial agreements are generally enforceable where:
the prenuptial agreement was validly entered into;
- its terms do not violate any Connecticut statute or public policy; and
- the circumstances of the parties at the time the premarital agreement is questioned are not so beyond what the parties contemplated at the time the prenuptial agreement was entered into as to cause its enforcement to work injustice.
- For prenups signed after October 1, 1995, the relevant law is the Connecticut Premarital Agreement Act.
According to this Act, a prenuptial agreement is not enforceable if the party against whom enforcement is sought proves that:
- the party did not execute the agreement voluntarily;
- the agreement was unconscionable when it was executed or when enforcement is sought;
- before execution of the agreement, the party was not provided a fair and reasonable disclosure of the amount, character and value of the other party’s property, financial obligations and income; or
- the party was not afforded a reasonable opportunity to consult with independent counsel.
If you’re planning to get married and considering whether you should have a prenuptial agreement, or if you’re already married and want to know if your prenup is enforceable, Lisa Cappalli, Esq.
can answer your questions.