Title 46b — Title 46b: Family Law

Sec. 46b-25. (Formerly Sec. 46-5b). Application for license. No license may be issued by the registrar until both persons have appeared before the registrar and made application for a license. The registrar shall issue a license to any two persons eligible to marry under this cha…

Secs. 46b-26 and 46b-27. (Formerly Secs. 46-5c and 46-5d). Test for venereal disease and rubella prerequisite. Issuance of license. Sections 46b-26 and 46b-27 are repealed, effective October 1, 2003. (1967, P.A. 313, S. 3, 4; P.A. 77-614, S. 323, 610; P.A. 78-165, S. 2, 5; 78-230…

Sec. 46b-28. (Formerly Sec. 46-6). Validity of marriages celebrated in a foreign country. All marriages in which one or both parties are citizens of this state, celebrated in a foreign country, shall be valid, provided: (1) Each party would have legal capacity to contract such ma…

Sec. 46b-28a. Recognition of marriages and other relationships entered into in another state or jurisdiction. A marriage, or a relationship that provides substantially the same rights, benefits and responsibilities as a marriage, between two persons entered into in another state …

Sec. 46b-28b. Recognition by another state or jurisdiction of marriages entered into in this state. A marriage between two persons entered into in this state and recognized as valid in this state may be recognized as a marriage, or a relationship that provides substantially the s…

Sec. 46b-28c. Prior divorce in another state or country. Validity of marriage in this state. No marriage shall be presumed to be invalid or bigamous because a prior divorce of one of the parties that was entered legally in another state or country does not meet the jurisdictional…

Sec. 46b-28d. Recognition of marriages entered into at Mashantucket Pequot reservation or Mohegan reservation. All marriages celebrated before May 27, 2016, under a tribal marriage license at the Mashantucket Pequot reservation or Mohegan reservation are recognized as a valid mar…

Sec. 46b-29. (Formerly Sec. 46-5e). Marriage of persons under conservatorship. (a) No marriage license may be issued to any applicant under the supervision or control of a conservator, appointed in accordance with sections 45a-644 to 45a-662, inclusive, unless the written consent…

Sec. 46b-3. (Formerly Sec. 51-332). Family relations personnel and other persons employed for investigation or pretrial conference. (a) The Chief Court Administrator shall appoint such family relations personnel as the Chief Court Administrator deems necessary for the proper oper…

Sec. 46b-30. (Formerly Sec. 46-5f). Marriage of minors. Section 46b-30 is repealed, effective October 1, 2017. (1967, P.A. 313, S. 6; P.A. 78-230, S. 10, 54; P.A. 17-54, S. 5.)

Sec. 46b-31. (Formerly Sec. 46-5h). Marriage of person whose last previous marriage was terminated by divorce or dissolution. Section 46b-31 is repealed. (1967, P.A. 313, S. 8; 1969, P.A. 400; P.A. 73-373, S. 29; P.A. 78-230, S. 11, 54; P.A. 79-298, S. 2.)

Sec. 46b-32. (Formerly Sec. 46-5i). Failure to make license available; penalty. Section 46b-32 is repealed, effective October 1, 2004. (1967, P.A. 313, S. 9; P.A. 78-230, S. 12, 54; P.A. 03-188, S. 4; P.A. 04-255, S. 29.)

Sec. 46b-33. (Formerly Sec. 46-5j). Copy of law to applicants. Each registrar shall issue a copy of sections 46b-24, 46b-25 and 46b-29 to 46b-33, inclusive, to any person making application for a license. (1967, P.A. 313, S. 10; P.A. 78-230, S. 13, 54; P.A. 03-188, S. 5.) History…

Sec. 46b-34. (Formerly Sec. 46-7). Marriage certificate. Affidavit in lieu of certificate. (a) Each person who joins any person in marriage shall certify upon the license certificate the fact, time and place of the marriage, and return it to the registrar of the town where the ma…

Sec. 46b-35. (Formerly Sec. 46-8). Certificates prima facie evidence. The certificates required by sections 46b-24, 46b-24a, 46b-25 and 46b-29 to 46b-34, inclusive, or an affidavit recorded pursuant to subsection (b) of section 46b-34, shall be prima facie evidence of the facts s…

Sec. 46b-35a. Refusal to provide services or accommodations related to the solemnization or celebration of a marriage on religious grounds. Notwithstanding any other provision of law, a religious organization, association or society, or any nonprofit institution or organization o…

Sec. 46b-35b. Effect of marriage equality law on provision of adoption, foster care or social services by religious organization. Nothing in public act 09-13* shall be deemed or construed to affect the manner in which a religious organization may provide adoption, foster care or …

Sec. 46b-36. (Formerly Sec. 46-9). Property rights of spouse not affected by marriage. A spouse shall not acquire by marriage any right to or interest in any property held by the other spouse before or acquired after such marriage, except as to the share of the survivor in the pr…

Sec. 46b-36a. Short title: Connecticut Premarital Agreement Act. Sections 46b-36a to 46b-36j, inclusive, may be cited as the Connecticut Premarital Agreement Act. (P.A. 95-170, S. 9, 11.) History: P.A. 95-170 effective October 1, 1995, and applicable to any premarital agreement e…

Sec. 46b-36b. Definitions. As used in sections 46b-36a to 46b-36j, inclusive: (1) “Premarital agreement” means an agreement between prospective spouses made in contemplation of marriage. (2) “Property” means an interest, present or future, legal or equitable, vested or contingent…

Sec. 46b-36c. Form of premarital agreement. A premarital agreement shall be in writing and signed by both parties. It shall be enforceable without consideration. (P.A. 95-170, S. 2, 11.) History: P.A. 95-170 effective October 1, 1995, and applicable to premarital agreements execu…

Sec. 46b-36d. Content of premarital agreement. (a) Parties to a premarital agreement may contract with respect to: (1) The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located; (2) The right to bu…

Sec. 46b-36e. Effect of marriage on premarital agreement. A premarital agreement becomes effective upon marriage unless otherwise provided in the agreement. (P.A. 95-170, S. 4, 11.) History: P.A. 95-170 effective October 1, 1995, and applicable to premarital agreements executed o…

Sec. 46b-36f. Amendment or revocation of premarital agreement after marriage. After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation shall be enforceable without consideration. (P…

Sec. 46b-36g. Enforcement of premarital agreement. (a) A premarital agreement or amendment shall not be enforceable if the party against whom enforcement is sought proves that: (1) Such party did not execute the agreement voluntarily; or (2) The agreement was unconscionable when …

Sec. 46b-36h. Enforcement of premarital agreement when marriage void. If the marriage is held void or voidable, an agreement that would otherwise have been a premarital agreement shall be enforceable only to the extent necessary to avoid an inequitable result. (P.A. 95-170, S. 7,…

Sec. 46b-36i. Statute of limitations re claims under premarital agreement. Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement, except that equitable defenses li…

Sec. 46b-36j. Premarital agreements made prior to October 1, 1995, not affected. Nothing in sections 46b-36a to 46b-36j, inclusive, shall be deemed to affect the validity of any premarital agreement made prior to October 1, 1995. (P.A. 95-170, S. 10, 11.) History: P.A. 95-170 eff…

Sec. 46b-37. (Formerly Sec. 46-10). Joint duty of spouses to support family. Liability for purchases and certain expenses. Abandonment. (a) Any purchase made by either a husband or wife in his or her own name shall be presumed, in the absence of notice to the contrary, to be made…

Sec. 46b-38. Relief from physical abuse by spouse. Application. Court orders. Duration. Copy. Other remedies. Section 46b-38 is repealed. (P.A. 77-336, S. 1; P.A. 78-230, S. 51, 54; P.A. 81-272, S. 1; 81-472, S. 149, 159; P.A. 83-319; P.A. 86-337, S. 12.)

Sec. 46b-38a. Family violence prevention and response: Definitions. For the purposes of sections 46b-38a to 46b-38f, inclusive: (1) “Family violence” means an incident resulting in physical harm, bodily injury or assault, or an act of threatened violence that constitutes fear of …

Secs. 46b-38aa to 46b-38oo. Definitions. Eligibility. Kindred prohibited from entering into civil union. Persons authorized to join persons in a civil union. Penalty for unauthorized joining of persons in a civil union. Failure or refusal to join persons in a civil union. License…

Sec. 46b-38b. Investigation of family violence crime by peace officer. Arrest. Assistance to victim. Guidelines. Compliance with model law enforcement policy on family violence. Education and training program. Assistance and protocols for victims whose immigration status is quest…

Sec. 46b-38c. Family violence response and intervention units. Local units. Duties and functions. Electronic monitoring program. Pretrial family violence education program; fees. Training program. (a) There shall be family violence response and intervention units in the Connectic…

Sec. 46b-38d. Family violence offense report by peace officer. Compilation of statistics by Commissioner of Emergency Services and Public Protection. Report to Governor and General Assembly. (a) A peace officer who responds to a family violence incident shall complete a family vi…

Sec. 46b-38e. Medical data collection reports. Form. Compilation of data by Department of Public Safety. Report to Governor and General Assembly. Section 46b-38e is repealed. (P.A. 86-337, S. 5; P.A. 91-381, S. 6.)

Sec. 46b-38f. Statistical summary of family violence cases maintained by Court Support Services Division. Reports. (a) The Court Support Services Division shall maintain a statistical summary of all family violence cases referred to the family violence intervention units. Such su…

Sec. 46b-38g. Programs for children impacted by domestic violence. The Chief Court Administrator shall, within available appropriations, establish programs for children impacted by domestic violence. (P.A. 93-280, S. 1.) See Sec. 54-216 re restitution services for victims of dome…

Sec. 46b-38h. Designation of conviction of certain crimes as involving family violence for purposes of criminal history record information. If any person is convicted of a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, or secti…

Sec. 46b-38i. Judicial Department training for staff re family violence issues and law. Methods to reduce geographic disparities. (a) The Judicial Department shall provide training to Judicial Department staff, including court personnel, within available appropriations, on family…

Sec. 46b-38j. Domestic Violence Criminal Justice Response and Enhancement Advisory Council. Duties. Membership. Annual report. (a) There is established a Domestic Violence Criminal Justice Response and Enhancement Advisory Council for the purpose of evaluating and advising on the…

Sec. 46b-38k. Unlawful disclosure of confidential location of an emergency shelter operated by domestic violence agency. Class A misdemeanor. Any person who maliciously publishes, disseminates or otherwise discloses the confidential location of an emergency shelter operated by a …

Sec. 46b-38l. Domestic Violence Offender Program Standards Advisory Council. Duties. Members. Report. Section 46b-38l is repealed, effective July 1, 2023. (P.A. 15-211, S. 19; P.A. 23-136, S. 5.)

Sec. 46b-38m. Accessibility of domestic violence offender program standards on Judicial Branch's Internet web site. The Chief Court Administrator shall ensure that the domestic violence offender program standards, and any updates or revisions to such standards provided to the Chi…

Secs. 46b-38n to 46b-38z. Reserved for future use.

Sec. 46b-38pp. Applicability of estate tax, gift tax and income tax to parties to a civil union. The provisions of chapters 217, 228c and 229 shall apply to parties to a civil union recognized under the laws of this state as if federal income tax law and federal estate and gift t…

Sec. 46b-38qq. Merger of civil union into marriage by action of the parties. (a) On and after April 23, 2009, and prior to October 1, 2010, two persons who are parties to a civil union entered into pursuant to sections 46b-38aa to 46b-38oo, inclusive, may apply for and be issued …

Sec. 46b-38rr. Merger of civil union into marriage by default. Exception. (a) Two persons who are parties to a civil union established pursuant to sections 46b-38aa to 46b-38oo, inclusive, that has not been dissolved or annulled by the parties or merged into a marriage by operati…

Sec. 46b-38ss. Savings clause. Nothing in section 46b-38qq or 46b-38rr or section 21 of public act 09-13* shall impair or affect any action or proceeding commenced, or any right or benefit accrued, or responsibility incurred, by a party to a civil union prior to October 1, 2010. …

Sec. 46b-38tt. Dissolution, annulment or legal separation of civil union performed in foreign jurisdiction. Enforcement or modification of foreign matrimonial judgment. (a) Either party to a valid civil union performed in a foreign jurisdiction may bring an action for dissolution…