Supreme Court of Connecticut
Deborah Bedrick v. Bruce L. Bedrick
April 26, 2011300 Conn. 691
Summary
The court held that postnuptial agreements are valid and generally governed by contract principles, but they receive heightened scrutiny because spouses contract within a confidential marital relationship. Such an agreement must be fair and equitable when executed and not unconscionable when enforcement is sought at dissolution. Applying that standard, the court held the agreement unenforceable because the parties' circumstances had changed substantially and enforcement would be unconscionable. The court also rejected the argument that unconscionability had to be pleaded as a special defense.