Many couples will enter into premarital agreements prior to marriage; however, there
are several considerations to create a valid agreement. In other words, just because
parties put terms to writing does not necessarily mean the agreement will hold up in
Court if either party files a contest to its validity.
Instructions:
• Define Premarital Agreement using the textbook definition. Include a page
number citation. Explain in your own words in no more than two sentences.
• From the Bonds case on pages 118-119 of the texbook, identify the elements
(rules of law) that a court considers necessary for a premarital agreement to be
considered voluntary.
• Discuss the Court's reasoning in reversing the decision of the Court of Appeals,
i.e., why did the Court find that Sun Bonds signed voluntarily?
• Let's pretend that Barry and Sun Bonds resided in Connecticut and Barry sought
to enforce the agreement and Sun sought to set it aside. Describe the procedure
that each of them would follow to achieve their respective result. See Connecticut
Practice Book Section 25-2A in your required reading.
• Now pretend that Barry and Sun Bonds resided in Connecticut; however, in this
scenario Barry passed away while they were still married. Their premarital
agreement indicated that Sun waived any and all rights to Barry's estate. How
does Connecticut General Statutes 45a-436(f) in your required reading relate to
this issue? (First explain what 45a-436 is, then how subsection 45a-436(f)
applies to these facts).
