My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm going to try to go through them one at a time. Let me add that I hope you never need to know any of it.
1. The parties to a prenuptial agreement
can agree to anything, including the fact that one party will receive nothing in the event of divorce. However, to ensure enforceability, each party should have his or her own attorney review it before signing. Your attorney CAN NOT advise her, because he has your best interests at heart, not hers.
2. Courts will not typically inquire as to the adequacy of consideration. If she agrees to give up her rights to your assets, and you agree to give her something in return, that is enough. Another option is that you can agree to give her any property that she acquires during the marriage through her own efforts. Even if she doesn't have much now, there is no way of knowing what she might acquire in the next few years. Either way, under Connecticut Statutes, Chapter 815e, Section 46b-36c
, a premarital agreement is valid without consideration - the marriage is enough.
3. Connecticut will accept and enforce a premarital agreement entered into another state or country, unless it violates Connecticut public policy or law.
4. If things don't work out, she'll be able to file for divorce in Connecticut, as long as one of you has been a resident for 12 months, or she was a resident when you married, and returned to the state prior to filing with the intent of remaining a resident.
I hope that helps. If there's anything I've missed, or anything that you need clarified, please let me know. Congratulations, and I hope everything works out. Good luck.