211 Conn.App. 167
Conn. App. Ct.2022Background
- Parties married in October 2003 (each on third marriage); divorce filed by Seder in May 2015 after relationship collapsed.
- Defendant (Errato) claimed a signed prenuptial agreement existed but no executed copy was produced at trial; plaintiff testified she signed but never saw a signed counterpart and had poor recollection of terms.
- Defendant introduced an unsigned, undated boilerplate prenup downloaded from an online form vendor and sought to prove the missing agreement’s contents with collateral evidence; no financial disclosures were produced.
- Trial court held an evidentiary hearing, found gaps and credibility problems (including conflicts about financial disclosures and the date), excluded the proposed exhibit, and concluded the terms of any prenup were not proven.
- On dissolution, court awarded plaintiff lump-sum and periodic alimony and ordered defendant to pay $250,000 toward trial counsel fees and an additional $30,000 for appellate fees (total $280,000); defendant appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Enforceability/admissibility of alleged prenuptial agreement | No enforceable prenup; no terms or disclosures proven, so exhibit rightly excluded | Boilerplate + testimony and secondary evidence established the missing prenup’s terms, so court should have enforced it | Court affirmed exclusion: defendant failed to prove contents/date/disclosures; factfinder entitled to weigh credibility and exclude exhibit under Conn. Code Evid. §10-3 principles |
| Award of attorney’s fees ($280,000) | Fees proper under §46b-62 given relative liquidity and equitable factors; award doesn’t unreasonably undermine other relief | Plaintiff had sufficient resources; award was excessive and an abuse of discretion | Court affirmed: trial court acted within discretion; fee award justified by plaintiff’s limited liquid assets and equitable considerations (award not unreasonable) |
Key Cases Cited
- Brown v. Brown, 130 Conn. App. 522 (Conn. App. 2011) (trial court has broad discretion on admissibility of evidence)
- Connecticut Bank & Trust Co. v. Wilcox, 201 Conn. 570 (Conn. 1986) (party seeking to prove lost document must show former existence/present unavailability and the contents)
- Ravetto v. Triton Thalassic Technologies, Inc., 285 Conn. 716 (Conn. 2008) (factfinder entitled to weigh evidence and determine credibility)
- D. S. v. R. S., 199 Conn. App. 11 (Conn. App. 2020) (appellate court defers to trial court credibility assessments)
- Hornung v. Hornung, 323 Conn. 144 (Conn. 2016) (standards for awards of attorney’s fees in dissolution under §46b-62 and consideration of liquid assets)
- Grimm v. Grimm, 276 Conn. 377 (Conn. 2005) (fee awards may be necessary to avoid undermining other financial awards)
- Misthopoulos v. Misthopoulos, 297 Conn. 358 (Conn. 2010) (abuse of discretion standard for attorney’s fees awards)