Opinion
No. FST FA 09 5017199 S
October 19, 2011
MEMORANDUM OF DECISION
The plaintiff initiated a dissolution of marriage action in July of 2009. The plaintiff's claims for relief sought an "equitable division of the parties" property both real and personal, pursuant to C.G.S. § 46b-81." No motion or reference is made to a premarital agreement until July 25, 2011 at which time the plaintiff requested to file an amended complaint to plead a premarital agreement. The court approved the amended complaint on August 15, 2011. A trial was scheduled to commence on this matter for November 8, 2011.
While premarital agreements become effective upon marriage pursuant to § 46b-36c C.G.S. such agreement may be challenged. The defendant has filed special defenses to the validity and therefore the enforceability of such an agreement. Therefore, it does not appear that the Reizfield v. Reizfield, 125 Conn.App. 782 (2011) case applies in that no court has ruled on the instant agreement's enforceability.
Therefore, the provisions of our Statutes permit the awarding of reasonable attorneys fees and other expenses/expert fees in a dissolution of marriage action. The court awards counsel fees already incurred by the plaintiff in the amount of $22,865.00 to Attorney Graber and $19,240.84 to Attorney Palmer to be paid by the plaintiff to said counsels by November 4, 2011. The plaintiff shall also pay to the special discovery master appointed by the court her retainer fee and shall replenish that special master's billing needs until further order of the court. The initial retainer shall be paid no later than October 30, 2011. The court leaves open the issue of expert's fees for further agreement and estimation of such fees/costs. Additional counsel fees may be requested at a later time.