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Connecticut Divorce Statutes General Statutes of Connecticut, Revised to 1997 Title-46b - Family Law CHAPTER 815 COURT PROCEEDINGS IN FAMILY RELATIONS MATTERS Sec. 46b-1. (Formerly Sec. 51-330). Family relations matters defined. Matters within the jurisdiction of the Superior Court deemed to be family relations matters shall be matters affecting or involving: (1) Dissolution of marriage, contested and uncontested, except dissolution upon conviction of crime as provided in section 46b-47; (2) legal separation; (3) annulment of marriage; (4) alimony, support, custody and change of name incident to dissolution of marriage, legal separation and annulment; (5) actions brought under section 46b-15; (6) complaints for change of name; (7) civil support obligations; (8) habeas corpus and other proceedings to determine the custody and visitation of children; (9) habeas corpus brought by or in behalf of any mentally ill person except a person charged with a criminal offense; (10) appointment of a commission to inquire whether a person is wrongfully confined as provided by section 17a-523; (11) juvenile matters as provided in section 46b-121; (12) all rights and remedies provided for in chapter 815j; (13) the establishing of paternity; (14) appeals from probate concerning: (a) Adoption or termination of parental rights; (b) appointment and removal of guardians; (c) custody of a minor child; (d) appointment and removal of conservators; (e) orders for custody of any child; (f) orders of commitment of persons to public and private institutions and to other appropriate facilities as provided by statute; (15) actions related to prenuptial and separation agreements and to matrimonial decrees of a foreign jurisdiction; (16) custody proceeding brought under the provisions of chapter 815o; and (17) all such other matters within the jurisdiction of the Superior Court concerning children or family relations as may be determined by the judges of said court. (1959, P.A. 531, S. 3; 1967, P.A. 183, S. 3; P.A. 73-373, S. 36; P.A. 76-436, S. 89, 681; P.A. 77-336, S. 2; 77-452, S. 15, 72; 77-576, S. 37, 65; P.A. 78-318, S. 26; 78-379, S. 13, 27; P.A. 86-337, S. 9.) History: 1967 act removed jurisdiction of commitments of mentally ill persons; P.A. 73-373 substituted "dissolution of marriage" for "divorce" where appearing; P.A. 76-436 restated provisions generally, in Subdiv. (6) included criminal actions, in Subdiv. (7) added reference to visitation, inserted new Subdivs. (10) to (14), renumbering remaining Subdivs. accordingly, in Subdiv. (15) included termination of penal rights and rephrased clause re orders of commitment, deleted former Subdiv. re appeals from judgment or order of juvenile court, inserted new Subdivs. (16) and (17) and renumbered former Subdiv. (12), effective July 1, 1978; P.A. 77-336 inserted new Subdiv. (5) re actions brought under Sec. 46b-38, renumbering accordingly; P.A. 77-452 deleted former Subdiv. (12) re judicial consent to marriage of a minor, renumbering accordingly and making minor changes in wording elsewhere; P.A. 77-576 deleted former Subsec. (10) re termination of parental rights with regard to children committed to state agency and contested termination of parental rights transferred to probate court and included jurisdictional power re matrimonial decrees of foreign jurisdiction; P.A. 78-318 included jurisdiction over custody proceedings under Ch. 815; P.A. 78-379 deleted reference to criminal actions in Subdiv. (7) and deleted former Subdiv. (16) re offenses committed by minor children against their parents; Sec. 51-182c temporarily renumbered as Sec. 51-330 and ultimately transferred to Sec. 46b-1 in 1979, see note to Sec. 51-182c; P.A. 86-337 substituted reference to Sec. 46b-15 for reference to Sec. 46b-38. See Sec. 45a-99 re concurrent jurisdiction of probate court in matters concerning change of name. See Secs. 45a-736, 45a-737 re change of name of adopted persons. See Sec. 46b-41 re definition of "complaint". See Sec. 46b-63 re jurisdiction of superior court to restore former wife's birth name or former name following decree dissolving marriage. See Sec. 52-11 re jurisdiction of superior court concerning complaints for change of name. Cited. 185 C. 502, 505. Cited. 5 CA 95, 99. Cited. 41 CA 163, 166, 167. Subdiv. (4): Cited. 17 CA 627, 629, 630, 632. Subdiv. (6): Cited. 17 CA 627, 629632. Subdiv. (8): Cited. 234 C. 51, 61. Cited. 8 CA 30, 31. Subdiv. (15): Cited. 39 CS 66, 68, 74. Sec. 46b-2. (Formerly Sec. 51-331). Family matters, both civil and criminal, placed on family docket first. All proceedings involving a family relations matter shall be first placed on the family relations docket of the Superior Court; and except for juvenile matters which are provided for in section 46b-133, the judge before whom such proceeding is brought, may transfer such matter to the criminal or civil docket of said court if he deems that such docket is more suitable for the disposition of the case. Any case so entered or transferred to either docket shall be proceeded upon as are other cases of a like nature standing on such docket. (P.A. 76-436, S. 89a, 681.) History: Sec. 51-331 transferred to Sec. 46b-2 in 1979. Sec. 46b-3. (Formerly Sec. 51-332). Domestic relations officers and other employees. (a) The judges of the Superior Court shall appoint such domestic relations officers and other personnel as they deem necessary for the proper operation of the family relations sessions. The salaries and duties of such officers shall be determined by the judges in accordance with the compensation plan established under section 51-12. For the purposes of any investigation or pretrial conference the judge presiding at any family relations session may employ the services of any probation officer, including those under the direction of the Office of Adult Probation, physician, psychologist, psychiatrist or family counselor. Each person serving on July 1, 1978, in the Court of Common Pleas appointed under the provisions of section 51-156c, revised to 1975, shall continue to serve in the Superior Court. In no event shall the compensation of such person be affected solely as a result of the transfer of jurisdiction provided in section 51-164s. The Chief Court Administrator may assign, reassign and modify the assignments of such family relations personnel as he deems necessary to be in the best interest of the disposition of family relations matters. Such family relations personnel shall also be available to assist the courts of probate in cases involving judicial consent to marriage of a minor. (b) Family relations personnel are authorized to collect fees in accordance with the provisions of section 52-259. (1959, P.A. 531, S. 5; P.A. 76-436, S. 10a, 92, 681; P.A. 78-280, S. 93, 127; P.A. 79-585, S. 7, 15; Nov. Sp. Sess. P.A. 81-6, S. 3, 4; P.A. 82-325, S. 57.) History: P.A. 76-436 added reference to compensation plan under Sec. 51-12 and provisions re effect of transfer of common pleas court personnel to superior courts on compensation and re assignment and reassignment decisions of chief court administrator, effective July 1, 1978; P.A. 78-280 deleted requirement that persons reassigned shall finish term of appointment at compensation received while serving in common pleas court; P.A. 79-585 replaced commission on adult probation with office of adult probation; Sec. 51-182e temporarily renumbered as Sec. 51-332 and ultimately transferred to Sec. 46b-3 in 1979, see note to Sec. 51-182e; Nov. Sp. Sess. P.A. 81-6 added Subsec. (b) authorizing family relations personnel to collect fees under Secs. 17-31i and 52-259; P.A. 82-325 amended Subsec. (b) by deleting the authorization to collect fees in accordance with the provisions of "section 17-31i." There is no authority for domestic relations officers to resolve differences by rendering a decision concerning property distribution. 180 C. 528, 532. Cited. 224 C. 776, 780. Cited. 2 CA 472, 478, 479. Cited. 25 CA 693, 699, 700. Sec. 46b-4. (Formerly Sec. 51-333). Judge may retain jurisdiction until final disposition. Any judge who hears a family relations matter may retain jurisdiction thereof until its final disposition if, in his opinion, the ends of justice require. (1959, P.A. 531, S. 6; P.A. 78-280, S. 1, 94, 127.) History: P.A. 78-280 deleted provision which had allowed judge holding regular session to transfer actions in family relations matters to the regular session for more speedy hearing; Sec. 51-182f temporarily renumbered as Sec. 51-333 and ultimately transferred to Sec. 46b-4 in 1979, see note to Sec. 51-182f. Sec. 46b-5. (Formerly Sec. 51-336). Transfer of family relations matters to and from general docket. If the Chief Court Administrator deems it necessary for the proper dispatch of business, he may direct that, for such period as he may fix, any portion of the matters claimed for a family relations docket, except appeals be entered upon the general docket of the court, or transferred from the family relations docket to the general docket, and may likewise direct that any such cases entered on or transferred to the general docket shall be transferred to the family relations docket. Any case so entered or transferred to either docket shall be proceeded with as are other cases of a like nature standing upon that docket. (1959, P.A. 531, S. 9; 1967, P.A. 656, S. 33; 1971, P.A. 870, S. 14; P.A. 74-183, S. 280, 291; P.A. 76-436, S. 10a, 94, 681.) History: 1967 act substituted chief court administrator for chief justice; 1971 act added Subsecs. (b) and (c) re transfer of actions; P.A. 74-183 repealed provisions added by 1971 act; P.A. 76-436 deleted reference to appeals from juvenile court and to chief judge, effective July 1, 1978; Sec. 51-182i was temporarily renumbered as Sec. 51-336 and ultimately transferred to Sec. 46b-5 in 1979, see note to Sec. 51-182i. Sec. 46b-6. (Formerly Sec. 51-337). Investigations. In any pending family relations matter the court or any judge may cause an investigation to be made with respect to any circumstance of the matter which may be helpful or material or relevant to a proper disposition of the case. Such investigation may include an examination of the parentage and surroundings of any child, his age, habits and history, inquiry into the home conditions, habits and character of his parents or guardians and evaluation of his mental or physical condition. In any action for dissolution of marriage, legal separation or annulment of marriage such investigation may include an examination into the age, habits and history of the parties, the causes of marital discord and the financial ability of the parties to furnish support to either spouse or any dependent child. (1959, P.A. 531, S. 10; P.A. 73-373, S. 37; P.A. 76-436, S. 95, 681.) History: P.A. 73-373 substituted "dissolution of marriage" for "divorce"; P.A. 76-436 substituted "pending family relations matter" for "matter pending in a family relations session", effective July 1, 1978; Sec. 51-182j temporarily renumbered as Sec. 51-337 and ultimately transferred to Sec. 46b-6 in 1979, see note to Sec. 51-182j. The decision of a court whether to order an investigation and report is discretionary. 180 C. 533, 542. Cited. 181 C. 622, 637. Cited. 212 C. 63, 76, 77. Cited. 224 C. 776, 780. An "evaluation" of a physical or mental condition is not equivalent to "treatment" of such a condition. 2 CA 472, 478, 479. Cited. 11 CA 189, 193. Cited. 23 CA 509, 516. Cited. 25 CA 693, 699, 700. Sec. 46b-7. (Formerly Sec. 51-338). Report of investigation to be filed. Whenever, in any family relations matter, including appeals from the Superior Court, an investigation has been ordered, the case shall not be disposed of until the report has been filed as hereinafter provided, and counsel and the parties have had a reasonable opportunity to examine it prior to the time the case is to be heard. Any report of an investigation shall be made in quadruplicate and shall be filed with the clerk and mailed to counsel of record. (1959, P.A. 531, S. 11; P.A. 76-436, S. 96, 681; P.A. 78-280, S. 96, 127; P.A. 79-431, S. 1.) History: P.A. 76-436 deleted reference to appeals from juvenile court and made minor change in wording, effective July 1, 1978; P.A. 78-280 substituted "family relations matter" for "family relations session"; P.A. 79-431 specifically included appeals from superior court, required that parties to case have reasonable opportunity to examine report, required that report be made in quadruplicate rather than in duplicate and required that it be mailed to counsel of record; Sec. 51-182k temporarily renumbered as Sec. 51-338 and ultimately transferred to Sec. 46b-7 in 1979, see note to Sec. 51-182k. Cited. 212 C. 63, 76. Cited. 25 CA 262267. Sec. 46b-8. (Formerly Sec. 51-341). Motion for modification of support order combined with motion for contempt. Whenever a motion for modification of an order for support and alimony is made to the superior court by a moving party against whom a motion for contempt for noncompliance with such order is pending, the court shall accept such motion and hear both motions concurrently. (P.A. 73-308.) History: Provisions originally codified as Sec. 51-182p were temporarily renumbered as Sec. 51-341 and ultimately transferred to Sec. 46b-8 in 1979, see note to Sec. 51-182p. Annotations to former section 51-182p: Cited. 173 C. 397, 403. Annotations to present section: Cited. 191 C. 309, 314. Cited. 198 C. 479, 487. Cited. 199 C. 550, 553. Cited. 224 C. 905. Cited. 228 C. 630632, 638, 639. Cited. 13 CA 330, 352. Cited. 31 CA 788, 789, 791, 792. Section is directory; therefore right of trial court to defer action on motion for modification under section is discretionary. 39 CA 669, 673, 674. Subsec. (b): Cited. 12 CA 113, 117. Sec. 46b-9. (Formerly Sec. 51-340). Hearing by referee in action for dissolution of marriage, legal separation or annulment. In any action for dissolution of marriage, legal separation or annulment the court may refer the case or any matter in which the issues have been closed to a state referee who shall have been a judge of the referring court or who shall have been a judge of the Court of Common Pleas; provided the referring court shall retain jurisdiction to hear and decide any pendente lite or contempt matters until such time as the referee hears and decides the case or matter. The Chief Court Administrator, or his designee, may authorize the presiding judge to refer to such state referee any action for the dissolution of marriage, legal separation or annulment which is on the family relations uncontested assignment list. Such uncontested assignment list matters shall be heard on the date on which they are assigned to be heard on the uncontested assignment list, and if they are not heard on such date the reference shall be automatically revoked. Any hearing by such referee shall be conducted as provided in section 52-434. (1959, P.A. 531, S. 13; P.A. 74-183, S. 285, 291; P.A. 75-261; 75-319, S. 1, 2; P.A. 78-379, S. 14, 27.) History: P.A. 74-183 specified that referee "shall have been a judge of the referring court"; P.A. 75-261 substituted "dissolution of marriage" for "divorce", allowed referee to have been a common pleas court judge and deleted provision specifying that referee's duty is "to hear and report to the court the facts"; P.A. 75-319 added proviso re retention of jurisdiction by referring court; P.A. 78-379 added provisions re referral and hearing of matters on uncontested assignment list; Sec. 51-182m temporarily renumbered as Sec. 51-340 and ultimately transferred to Sec. 46b-9 in 1979, see note to Sec. 51-182m. The expression in statute of an alternative method for referring dissolution actions to a referee explicitly does away with written consent as precondition to exercise of jurisdiction by referee. 181 C. 225, 228, 229. Cited. 186 C. 211, 216218; Id., 773, 777. Sec. 46b-10. (Formerly Sec. 51-339). Attempt at reconciliation in action for dissolution of marriage, legal separation or annulment. In any action for dissolution of marriage, legal separation or annulment, at any time before final judgment any judge may require that either or both parties appear before any judge, referee or other disinterested person for the purpose of attempting a reconciliation or adjustment of differences between the parties. Any person designated under the provisions of this section may be a family relations counselor or family relations caseworker and such person shall have all the powers provided in chapter 910. Such person shall report to the court only the fact of whether or not reconciliation can be effected and shall not divulge information given to him by the parties except with the consent of all parties. (1959, P.A. 531, S. 12; P.A. 83-295, S. 13.) History: Provisions originally designated as Sec. 51-182l were temporarily renumbered as Sec. 51-339 and ultimately transferred to Sec. 46b-10 in 1979, see note to Sec. 51-182l; P.A. 83-295 replaced "divorce" with "dissolution of marriage" and "domestic relations officer or a person skilled in problems of family relations" with "family relations counselor or family relations caseworker". See Sec. 46b-53 re conciliation procedures. Sec. 46b-11. (Formerly Sec. 51-335). Closed hearings and records. Any case which is a family relations matter may be heard in chambers or, if a jury case, in a courtroom from which the public and press have been excluded, if the judge hearing the case determines that the welfare of any children involved or the nature of the case so requires. The records and other papers in any family relations matter may be ordered by the court to be kept confidential and not to be open to inspection except upon order of the court or judge thereof for cause shown. (1959, P.A. 531, S. 8; P.A. 76-436, S. 93, 681; P.A. 78-280, S. 95, 127.) History: P.A. 76-436 applied provisions specifically to family relations matters, deleted references to appeals from juvenile court and added exception, effective July 1, 1978; P.A. 78-280 referred to cases which are family relations matters rather than to cases on docket of family relations sessions; Sec. 51-182h temporarily renumbered as Sec. 51-335 and ultimately transferred to Sec. 46b-11 in 1979, see note to Sec. 51-182h. See Sec. 46b-49 re private hearings. See Sec. 46b-122 re exclusion from hearing room of persons whose presence is unnecessary in actions concerning juvenile matters. Cited. 2 CA 132, 139. Cited. Id., 472, 485. Cited. 36 CS 352, 356. CHAPTER 815a FAMILY MATTERS Sec. 46b-15. Relief from physical abuse by family or household member. Application. Court orders. Duration. Copies. Expedited hearing for violation of order. Other remedies. (a) Any family or household member as defined in section 46b-38a who has been subjected to a continuous threat of present physical pain or physical injury by another family or household member may make an application to the Superior Court for relief under this section. (b) The application shall be accompanied by an affidavit made under oath which includes a brief statement of the conditions from which relief is sought. Upon receipt of the application the court shall order that a hearing on the application be held not later than fourteen days from the date of the order. The court, in its discretion, may make such orders as it deems appropriate for the protection of the applicant and such dependent children or other persons as the court sees fit. Such order may include temporary child custody or visitation rights and such relief may include but is not limited to an order enjoining the respondent from (1) imposing any restraint upon the person or liberty of the applicant; (2) threatening, harassing, assaulting, molesting, sexually assaulting or attacking the applicant or (3) entering the family dwelling or the dwelling of the applicant. If an applicant alleges an immediate and present physical danger to the applicant, the court may issue an ex parte order granting such relief as it deems appropriate. If a postponement of a hearing on the application is requested by either party and granted, the order shall not be continued except upon agreement of the parties or by order of the court for good cause shown. (c) Every order of the court made in accordance with this section shall contain the following language: "This order may be extended by the court beyond six months. In accordance with section 53a-107, entering or remaining in a building or any other premises in violation of this order constitutes criminal trespass in the first degree. This is a criminal offense punishable by a term of imprisonment of not more than one year, a fine of not more than two thousand dollars or both." (d) No order of the court shall exceed six months, except that an order may be extended by the court upon motion of the applicant for such additional time as the court deems necessary. If the respondent has not appeared upon the initial application, service of a motion to extend an order may be made by first-class mail directed to the respondent at his or her last known address. (e) The applicant shall cause notice of the hearing pursuant to subsection (b) and a copy of the application and of any ex parte order issued pursuant to subsection (b) to be served on the respondent not less than five days before the hearing. Upon the granting of an ex parte order, the clerk of the court shall provide two certified copies of the order to the applicant and a copy to the Family Division. Upon the granting of an order after notice and hearing, the clerk of the court shall provide two certified copies of the order to the applicant and a copy to the Family Division and a copy to the respondent. The clerk of the court shall send a certified copy of any ex parte order and order after notice and hearing to the appropriate law enforcement agency within forty-eight hours of its issuance. (f) A caretaker who is providing shelter in his or her residence to a person sixty years or older shall not be enjoined from the full use and enjoyment of his or her home and property. The Superior Court may make any other appropriate order under the provisions of this section. (g) When a motion for contempt is filed for violation of a restraining order, there shall be an expedited hearing. Such hearing shall be held within five court days of service of the motion on the respondent, provided service on the respondent is made not less than twenty-four hours before the hearing. If the court finds the respondent in contempt for violation of an order, the court may impose such sanctions as the court deems appropriate. (h) An action under this section shall not preclude the applicant from seeking any other civil or criminal relief. (P.A. 81-272, S. 2; P.A. 86-337, S. 7; P.A. 87-567, S. 4, 7; P.A. 91-6, S. 1, 3; 91-381, S. 3, 7; P.A. 95-193, S. 1; P.A. 96-180, S. 158, 166.) History: P.A. 86-337 amended Subsec. (a) by substituting "family or household member as defined in section 46b-38a" for "adult person"; amended Subsec. (b) by adding "such order may include temporary child custody or visitation rights" and providing that order shall not be continued except upon agreement of parties or good cause; amended Subsec. (e) by requiring (1) court to provide two copies of order to applicant, a copy to family division, a copy to individual to whom order is directed and certified copy to appropriate law enforcement agency within forty-eight hours of issuance and (2) family division to provide registry of protective orders and inform peace officers of status of orders; and amended Subsec. (g) by adding provision re expedited hearing for motion for contempt for violation of restraining order; P.A. 87-567 amended Subsec. (e), adding "and restraining" before "orders"; P.A. 91-6 amended Subsec. (e) by adding "clerk of the" before "court", changing "file with" to "send to" and deleting provision re registry of protective and restraining orders by family relations division; P.A. 91-381 added "threatening, harassing" to Subdiv. (2) of Subsec. (b), and amended Subsec. (e) to require applicant to serve notice of hearing, copy of application and of any ex parte order upon respondent not less than five days before hearing and to require clerk of the court to provide copies of ex parte order to applicant and family division and send certified copy of ex parte order and order after notice and hearing to law enforcement agency, deleting those provisions from their previous locations in Subsec. (b); P.A. 95-193 amended Subsecs. (a) and (b) by changing time limit on court orders from "ninety days" to "six months"; P.A. 96-180 made technical change in Subsec. (c) changing fine from one thousand to two thousand dollars in accordance with P.A. 92-256, effective June 3, 1996. Sec. 46b-16. Petition to Superior Court for ex parte order re temporary care and custody of child when parent arrested for custodial interference. Duration of order. (a) When (1) a parent or relative has been arrested for violation of section 53a-97 or 53a-98 or arrested pursuant to chapter 964 for an offense of intentional interference of the lawful custody of a child under the laws of another state or territory, and (2) a child has been in the care of such parent or relative, the legal custodian of the child or the Department of Children and Families may petition the superior court or probate court which has venue over the matter for immediate temporary custody of the child. (b) If the court finds that there is a substantial likelihood that the child will be removed from the jurisdiction of the court prior to a hearing to determine custody, an order of temporary custody may be issued ex parte by the court granting the temporary care and custody of the child to a suitable person or agency pending a hearing to determine custody pursuant to chapter 815j or 815o. Such hearing shall be held not more than five days from the issuance of the ex parte order nor less than three days from the return of service, whichever is later. (c) If the parent or relative arrested for violation of section 53a-97 or 53a-98 is in custody of the state, the state shall produce such parent or relative for the hearing to determine custody of the child pursuant to chapter 815j or 815o. (d) The sole duty of the Department of Children and Families under this section shall be to provide care for the child during the period of custody pending determination of the custodial rights of the parents or guardians. (P.A. 86-311, S. 2; P.A. 93-91, S. 1, 2.) History: P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993. CHAPTER 815e* MARRIAGE ____________ *Cited. 26 CA 737, 744. Sec. 46b-20. Definitions. As used in this chapter: (a) "Registrar" means the registrar of vital statistics; (b) "Applicant" means applicant for a marriage license; (c) "License" means marriage license. (P.A. 78-230, S. 1, 54.) Sec. 46b-21. (Formerly Sec. 46-1). Kindred who may not marry. No man may marry his mother, grandmother, daughter, granddaughter, sister, aunt, niece, stepmother or stepdaughter, and no woman may marry her father, grandfather, son, grandson, brother, uncle, nephew, stepfather or stepson. Any marriage within these degrees is void. (1949 Rev., S. 7301; P.A. 78-230, S. 3, 54.) History: P.A. 78-230 changed wording slightly and substituted "may" for "shall"; Sec. 46-1 transferred to Sec. 46b-21 in 1979. See Sec. 53a-191 re incest. Annotations to former section 46-1: Does not prohibit marriage with deceased husband's brother. 12 C. 94. "Sister" includes half sister for purpose of incest prosecution. 132 C. 165. The marriage of a niece and her uncle in Italy, though valid there and contracted without intent to evade the law of this state, held not valid in this state. 148 C. 288. (One judge dissenting.) Relationship of niece-in-law and uncle-in-law held not within enumerated relationships for crime of incest. 158 C. 461. Annotations to present section: Former section General Statutes (Rev. 1949) S. 7301 cited. 182 C. 344, 347. Relationship as half-uncle and half-niece is void. 213 C. 637642, 644646, 649, 656. Sec. 46b-22. (Formerly Sec. 46-3). Who may join persons in marriage. Penalty for unauthorized performance. (a) All judges and retired judges, either elected or appointed, family support magistrates, state referees and justices of the peace may join persons in marriage in any town in the state and all ordained or licensed clergymen, belonging to this state or any other state, so long as they continue in the work of the ministry may join persons in marriage. All marriages solemnized according to the forms and usages of any religious denomination in this state, including marriages witnessed by a duly constituted Spiritual Assembly of the Baha'is, are valid. All marriages attempted to be celebrated by any other person are void. (b) No public official legally authorized to issue marriage licenses may join persons in marriage under authority of a license issued by himself, or his assistant or deputy; nor may any such assistant or deputy join persons in marriage under authority of a license issued by such public official. (c) Any person violating any provision of this section shall be fined not more than fifty dollars. (1949 Rev., S. 7306; 1951, S. 3001d; 1967, P.A. 129, S. 1; P.A. 78-230, S. 4, 54; P.A. 79-37, S. 1, 2; P.A. 87-316, S. 3.) History: 1967 act specified validity of marriages witnessed by Spiritual Assembly of the Baha'is; P.A. 78-230 divided section into Subsecs., deleted reference to county and reordered and rephrased provisions in Subsec. (a) and substituted "may" for "shall" in Subsec. (b); P.A. 79-37 authorized retired judges and state referees to perform marriages; Sec. 46-3 transferred to Sec. 46b-22 in 1979; P.A. 87-316 applied provisions to family support magistrates. Annotations to former section 46-3: Minister who solemnizes marriage must be "settled in the work of the ministry." 2 R. 382. Ordained deacon performing usual duties of minister held to be authorized. 4 C. 134. A clergyman in performing marriage ceremony is a public officer and his acts in that capacity prima facie evidence of his character. 4 C. 219. Proof of celebration of marriage raises a presumption of its validity. 85 C. 186; 93 C. 47. In absence of proof of authority of justice of peace, marriage void. 129 C. 432. Our law does not recognize common law marriages. Id. Marriage, deficient for want of due solemnization, voidable. 163 C. 588. Annotations to present section: Former section General Statutes (Rev. 1949) S. 7302 cited. 182 C. 344, 348, 350, 352. Sec. 46b-22a. Validation of marriages performed by unauthorized justice of the peace. All marriages, celebrated before June 10, 1996, otherwise valid except that the justice of the peace joining such persons in marriage did not have a valid certificate of qualification, are validated. (P.A. 82-166, S. 1, 4; P.A. 84-171, S. 1, 7; P.A. 85-83, S. 1, 2; P.A. 87-587, S. 13, 18; P.A. 89-4, S. 1, 2; P.A. 91-12, S. 1, 3; P.A. 93-87, S. 1, 3; P.A. 95-6, S. 1, 3; P.A. 96-258, S. 4, 5.) History: P.A. 84-171 changed applicable date from May 17, 1982, to March 13, 1984; P.A. 85-83 changed applicable date from March 13, 1984, to April 29, 1985; P.A. 87-587 changed applicable date from April 29, 1985, to April 19, 1987; P.A. 89-4 changed applicable date from April 19, 1987, to March 13, 1989; P.A. 91-12 changed "March 13, 1989" to "March 28, 1991"; P.A. 93-87 changed applicable date from March 28, 1991, to June 2, 1993, effective June 2, 1993; P.A. 95-6 changed applicable date from June 2, 1993, to April 13, 1995, effective April 13, 1995; P.A. 96-258 changed applicable date from April 13, 1995, to June 10, 1996, effective June 10, 1996. Sec. 46b-23. (Formerly Sec. 46-4). Joining persons in marriage knowingly without authority. Any person who undertakes to join persons in marriage, knowing that he is not authorized to do so, shall be fined not more than five hundred dollars or imprisoned not more than one year or both. (1949 Rev., S. 8595.) History: Sec. 46-4 transferred to Sec. 46b-23 in 1979. Sec. 46b-24. (Formerly Sec. 46-5a). License required. Period of validity. Penalty. (a) No persons may be joined in marriage in this state until both have complied with the provisions of sections 46b-24 to 46b-27, inclusive, and 46b-29 to 46b-33, inclusive, and have been issued a license by the registrar for the town in which the marriage is to be celebrated, which bears the certification of the registrar that the persons named therein have complied with the provisions of said sections. (b) Such license, when certified by the registrar, is sufficient authority for any person authorized to perform a marriage ceremony in this state to join such persons in marriage, provided the ceremony is performed within the town where the license was issued and within a period of not more than sixty-five days after the date of application. (c) Anyone who joins any persons in marriage without having received such license from them shall be fined not more than one hundred dollars. (1967, P.A. 313, S. 1; P.A. 78-230, S. 5, 54.) History: P.A. 78-230 divided section into Subsecs. and made minor changes in wording and added fine provision applicable to those who marry persons without receiving license, designated as Subsec. (c); Sec. 46-5a transferred to Sec. 46b-24 in 1979 and internal section references changed as necessary to reflect those sections' transfer. See Sec. 46b-24a re validation of marriages occurring in town other than town where license issued. Former section General Statutes (Rev. 1949) S. 7302, as amended, cited and validity of marriage solemnized without marriage license discussed. 182 C. 344, 348. Sec. 46b-24a. Validation of marriages occurring in town other than town where license issued. All marriages celebrated before April 13, 1995, otherwise valid except that the license for any such marriage was issued in a town other than the town in which such marriage was celebrated, are validated. (P.A. 79-298, S. 1; P.A. 82-166, S. 3, 4; P.A. 89-151, S. 1, 2; P.A. 91-12, S. 2, 3; P.A. 93-87, S. 2, 3; P.A. 95-6, S. 2, 3.) History: P.A. 82-166 extended validation to marriages celebrated before May 17, 1982; P.A. 89-151 extended validation to marriages celebrated before June 1, 1989; P.A. 91-12 changed "June 1, 1989" to "March 28, 1991"; P.A. 93-87 changed applicable date from March 26, 1991, to June 2, 1993, effective June 2, 1993; P.A. 95-6 changed applicable date from June 2, 1993, to April 13, 1995, effective April 13, 1995. Sec. 46b-25. (Formerly Sec. 46-5b). Application for license. No license may be issued by the registrar until both persons have appeared before him and made application for a license. The application shall be dated, signed and sworn to by each applicant and shall state each applicant's name, age, race, occupation, birthplace, residence, whether single, widowed or divorced and whether under the supervision or control of a conservator or guardian. If the application is signed and sworn to by the applicants on different dates, the earlier date shall be deemed the date of application. All the applications, when so made, shall be kept separately and available for public examination until the license is issued, and shall be filed as a part of the records of the registrar when the license certificate is returned as provided in section 46b-34. (1967, P.A. 313, S. 2; P.A. 78-230, S. 6, 54; P.A. 96-3.) History: P.A. 78-230 restated provisions; Sec. 46b-5b transferred to Sec. 46b-25 in 1979 and internal section reference revised to reflect its transfer; P.A. 96-3 substituted "race" for "color". Sec. 46b-26. (Formerly Sec. 46-5c). Test for venereal disease and rubella prerequisite. (a) No license may be issued by any registrar until there has been filed with him, for each applicant, a statement signed by a physician licensed to practice medicine or osteopathy in any state or territory of the United States, the District of Columbia or any province of Canada, an advanced practice registered nurse licensed pursuant to chapter 378, a nurse-midwife licensed pursuant to chapter 377 or a physician assistant license pursuant to chapter 370, or by a commissioned medical officer in the armed forces or the Public Health Service of the United States, that the applicant has submitted to a standard laboratory blood test, that, if the test was positive, the person has submitted to a physical examination of the skin and appropriate mucous membranes, and that, in the opinion of such physician, advanced practice registered nurse, nurse-midwife or physician assistant, the person is not infected with syphilis or in a stage of that disease that is communicable. (b) Except as provided in this section, the statement of any such physician or medical officer shall be accompanied by a statement by the person in charge of an approved laboratory or his representative giving the name of the standard laboratory blood test made and the exact name of the applicant but not the results of the test. A standard laboratory blood test shall be a laboratory test for syphilis approved by the Department of Public Health and shall be performed by said department on request of a licensed physician or at a laboratory approved by it. No license may be issued if the date of the blood test for either applicant is more than thirty-five days before the date of application. (c) Nothing in this section shall prohibit any registrar from accepting a statement executed on a form officially used for the same purpose in any other state or territory of the United States or in any province of Canada, provided the other state, territory or province requires a premarital blood test, and the date of that test, or the date of the physician's statement, when the date of the test is not a part of the official blood test form of such other state, territory or province, is not more than thirty-five days before the date of application for the license. (d) With the approval of the administrative head of the municipality and the Public Records Administrator, as provided in section 7-109, the statements filed with the registrar in compliance with the provisions of this section may be destroyed one year after the date of filing. (e) In addition to the standard laboratory test required in subsection (a), a female applicant who is less than fifty years of age and is capable of pregnancy shall also provide a statement upon a form provided by the Department of Public Health, signed by a physician licensed to practice medicine or osteopathy in any state or territory of the United States, the District of Columbia or any province of Canada, an advanced practice registered nurse licensed pursuant to chapter 378, a nurse-midwife licensed pursuant to chapter 377 or a physician assistant licensed pursuant to chapter 370, or by a commissioned medical officer in the armed forces or the Public Health Service of the United States, that such applicant has submitted to a test for rubella immunity. Such test shall be a standard laboratory test for rubella immunity approved by the Department of Public Health. The results of the test shall be disclosed in writing to the applicant by such physician, advanced practice registered nurse, nurse-midwife or physician assistant. Nothing in this subsection shall prohibit any registrar from accepting a statement executed on a form officially used for such purpose in any other state provided the other state, territory or province requires a test for rubella immunity. Nothing in this subsection shall be construed to require an applicant to receive immunization from rubella prior to the issuance of a license but shall be construed as requiring that the applicant be informed as to whether or not such applicant is immune to rubella and the consequences of such lack of immunity with respect to pregnancy. (1967, P.A. 313, S. 3; P.A. 77-614, S. 323, 610; P.A. 78-165, S. 2, 5; 78-230, S. 7, 52, 54; P.A. 79-30; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 96-19, S. 9.) History: P.A. 77-614 replaced department of health with department of health services where appearing, effective January 1, 1979; P.A. 78-165 added Subsec. (b) re required test for rubella; P.A. 78-230 created new Subsecs. (b) to (d) from provisions formerly in Subsec. (a), relettering Subsec. (b) accordingly, and revised wording of provisions; P.A. 79-30 rephrased Subsec. (e) re rubella test, deleted requirement that test be made at same time as blood test and specified that form provided by health services department must be used; Sec. 46-5c transferred to Sec. 46b-26 in 1979; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 96-19 included advanced practice registered nurses, nurse-midwives and physician assistants among those who may sign blood tests. See Sec. 11-8(b) re appointment of public records administrator. See Sec. 19a-27 re adoption of regulations for rubella immunity testing. Sec. 46b-27. (Formerly Sec. 46-5d). Issuance of license. (a) No license may be issued in violation of section 46b-26 unless it is the opinion of the judge of probate for the district in which the marriage is to be celebrated, after hearing evidence, that public policy or the physical condition of either applicant requires the marriage to be celebrated without delay, and the judge renders a written decision that the provisions of section 46b-26 should be waived. (b) The decision shall be filed as a part of the records of the office of the registrar, who shall immediately issue the license after all other requirements of sections 46b-24 to 46b-27, inclusive, and 46b-29 to 46b-33, inclusive, have been satisfied. (1967, P.A. 313, S. 4; P.A. 78-230, S. 8, 54; P.A. 93-279, S. 14.) History: P.A. 78-230 divided section into Subsecs. and restated provisions; Sec. 46-5d transferred to Sec. 46b-27 in 1979 and internal section references revised as necessary to reflect transfer of those sections; P.A. 93-279 amended Subsec. (a) by deleting "prior to the fourth day following the date of application" and substituting "in violation of section 46b-26" in lieu thereof and made other corresponding technical changes to Subsec. (a). Sec. 46b-28. (Formerly Sec. 46-6). When marriages in foreign country are valid. 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 marriage in this state and the marriage is celebrated in conformity with the law of that country; or (2) the marriage is celebrated, in the presence of the ambassador or minister to that country from the United States or in the presence of a consular officer of the United States accredited to such country, at a place within his consular jurisdiction, by any ordained or licensed clergyman engaged in the work of the ministry in any state of the United States or in any foreign country. (1949 Rev., S. 7303; February, 1965, P.A. 94; P.A. 78-230, S. 14, 54.) History: 1965 act deleted requirements that license certificate must be obtained from registrar in town of residence of one or both parties to marriage for foreign marriage to be valid and that certificate must be returned to the registrar and provision imposing one hundred dollar fine for failure to do so; P.A. 78-230 restated provisions; Sec. 46-6 transferred to Sec. 46b-28 in 1979. Annotation to former section 46-6: The marriage of a niece and her uncle in Italy, though valid there and contracted without intent to evade the law of this state, held not valid in this state. 148 C. 288. (One judge dissenting.) Annotation to present section: Cited. 213 C. 637, 642. Sec. 46b-29. (Formerly Sec. 46-5e). Marriage of persons under conservatorship or guardianship. (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 of the conservator, signed and acknowledged before a person authorized to take acknowledgments of conveyances under the provisions of section 47-5, or authorized to take acknowledgments in any other state or country, is filed with the registrar. (b) Any person married without the consent provided for in subsection (a) of this section shall acquire no rights by such marriage in the property of any person who was under such control or supervision at the time of the marriage. (1967, P.A. 313, S. 5; P.A. 77-14; P.A. 78-230, S. 9, 54; P.A. 86-323, S. 13.) History: P.A. 77-14 prohibited issuance of license to applicants having guardians without written consent of the guardian and added specific references to Chs. 779 and 779a; P.A. 78-230 divided section into Subsecs. and rephrased provisions; Sec. 46-5e transferred to Sec. 46b-29 in 1979; P.A. 86-323 deleted reference to guardians appointed in accordance with chapter 779a. Sec. 46b-30. (Formerly Sec. 46-5f). Marriage of minors. (a) No license may be issued to any applicant under sixteen years of age, unless the judge of probate for the district in which the minor resides endorses his written consent on the license. (b) No license may be issued to any applicant under eighteen years of age, unless the written consent of a parent or guardian of the person of such minor, signed and acknowledged before a person authorized to take acknowledgments of conveyances under the provisions of section 47-5a, or authorized to take acknowledgments in any other state or country, is filed with the registrar. If no parent or guardian of the person of such minor is a resident of the United States, the written consent of the judge of probate for the district in which the minor resides, endorsed on the license, shall be sufficient. (1967, P.A. 313, S. 6; P.A. 78-230, S. 10, 54.) History: P.A. 78-230 restated existing provisions, designating them as Subsec. (a) and added Subsec. (b) re issuance of license to person under eighteen; Sec. 46-5f transferred to Sec. 46b-30 in 1979. 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. Any registrar who places on file any application for a license, or issues any license, except as provided in sections 46b-24 to 46b-27, inclusive, and 46b-29 to 46b-33, inclusive, or who conceals or refuses to make any application available to public examination while his office is open for business during the period until the license is issued, shall be fined not more than one hundred dollars or imprisoned not more than thirty days or both. (1967, P.A. 313, S. 9; P.A. 78-230, S. 12, 54.) History: P.A. 78-230 rephrased provisions and deleted provision which had imposed one hundred dollar fine for marrying persons without first receiving license; Sec. 46-5i transferred to Sec. 46b-32 in 1979 and internal section references revised to reflect transfer of those sections where necessary. Sec. 46b-33. (Formerly Sec. 46-5j). Copy of law to applicants. Each registrar shall issue a copy of sections 46b-24 to 46b-27, inclusive, 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.) History: P.A. 78-230 made minor changes in wording but no substantive changes; Sec. 46-5j transferred to Sec. 46b-33 in 1979 and internal section references revised as necessary to reflect transfer of those sections. Sec. 46b-34. (Formerly Sec. 46-7). Marriage certificate. 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 it was issued, before or during the first week of the month following the marriage. Any person who fails to do so shall be fined not more than ten dollars. (1949 Rev., S. 7304; P.A. 78-230, S. 15, 54.) History: P.A. 78-230 restated provisions but made no substantive changes; Sec. 46-7 transferred to Sec. 46b-34 in 1979. Annotations to former section 46-7: A certificate of marriage is an original document and need not be authenticated as a copy. 52 C. 526; 57 C. 537; 61 C. 507. When proof depends on validity of form of certificate, same rule prevails in civil and criminal proceedings. 61 C. 509. Use of abbreviation not fatal to validity of certificate. Id., 507. Signature on marriage certificate not tantamount to solemnization. 163 C. 588. Sec. 46b-35. (Formerly Sec. 46-8). Certificates prima facie evidence. The certificates required by sections 46b-24 to 46b-27, inclusive, and 46b-29 to 46b-34, inclusive, shall be prima facie evidence of the facts stated in them. (1949 Rev., S. 7305; 1967, P.A. 313, S. 12; P.A. 78-230, S. 16, 54.) History: 1967 act updated internal section references; P.A. 78-280 made minor change in wording; Sec. 46-8 transferred to Sec. 46b-35 in 1979 and internal references revised as necessary to reflect transfer of those sections. Annotation to former section 46-5: Marriage certificates are treated as original documents and need not be authenticated as copies. 152 C. 575. Sec. 46b-36. (Formerly Sec. 46-9). Wife and husband property rights not affected by marriage. Neither husband nor wife shall acquire by the marriage any right to or interest in any property held by the other before or acquired after such marriage, except as to the share of the survivor in the property as provided by sections 45a-436 and 45a-437. The separate earnings of the wife shall be her sole property. She shall have power to make contracts with her husband or with third persons, to convey to her husband or to third persons her real and personal estate and to receive conveyances of real and personal estate from her husband or from third persons as if unmarried. She may bring suit in her own name upon contracts or for torts and she may be sued for a breach of contract or for a tort; and her property, except such as is exempt by law, may be taken on attachment and execution, but shall not be taken for the debts of her husband, except as provided in section 46b-37. The husband shall not be liable for her debts contracted before marriage, nor upon her contracts made after marriage, except as provided in said section. (1949 Rev., S. 7307.) History: Sec. 46-9 transferred to Sec. 46b-36 in 1979 and reference to Sec. 46-10 changed to Sec. 46b-37 to reflect that section's transfer; in 1991 reference to Sec. 45-273a changed to Sec. 45a-436 to reflect recodification of title 45 as title 45a; in 1993 the reference to Sec. 45a-437 was added editorially since the provisions of that section had originally been included as Subsec. (b) of former Sec. 45-273a until separated by public act 90-146 which enabled the recodification of title 45 and the renumbering of Sec. 45-273a as Secs. 45a-436 and 45a-437, but due to an oversight reference to the latter section was omitted. See Sec. 52-572d re abrogation of interspousal immunity in motor vehicle negligence actions accruing out of state. Annotations to former section 46-9: Prior to enacting of this section, wife could not bind herself as surety for husband. 56 C. 151; 68 C. 538. Not construed as depriving her of the right in equity to contract with her husband in regard to her property. 56 C. 186. Such married woman, during her lifetime, may dispose of all her property as she pleases. 71 C. 237. Deed to husband and wife makes them joint tenants without survivorship. 83 C. 581. Rights in building erected on land owned by husband and wife jointly. 82 C. 426; 86 C. 200. Where husband and wife make note jointly, payment of interest by either is binding on other. 81 C. 143. Wife, occupying with husband, cannot hold adversely to him. 76 C. 223. Present status of married woman. 79 C. 24; 84 C. 21; 88 C. 42; 93 C. 358. Married woman may sue husband. 79 C. 24; 88 C. 42; 103 C. 583; 124 C. 543; 126 C. 147; 132 C. 79. She may sue for personal injury to herself; 84 C. 9; or alienation of husband's affections. 76 C. 135; 78 C. 296. Where wife advances money to her husband, there is a presumption of a gift. 88 C. 114. Estoppel of wife from letting legal title to her property remain in husband. 87 C. 99. Legal and equitable title to mortgage are not merged where one makes it and the other acquires it by assignment. 76 C. 223. Husband's right to foreclosure against wife. See Sec. 7325, 7326, 1949 Rev. Id. Wife in whose name husband causes deed of land purchased by him to be taken is bare trustee for him. 91 C. 656. Marriage presumed to be after April 20, 1877, unless proved to be earlier. 93 C. 358. Fraudulent representations of husband as to title of property held jointly with wife do not bind her if made without her knowledge or assent. 94 C. 227. Cited. 108 C. 730; 137 C. 452. Right given married woman to sue husband denied unemancipated child in suit against parent. 109 C. 86. Does not indicate a legislative intent to permit recovery for loss of consortium in any action brought by either a husband or a wife against a third party whose negligence caused disabling injuries to the other spouse. 144 C. 155. Wife can recover from husband because of delict of son who was his agent but is himself immune to suit. 145 C. 663. Right of wife to sue husband is a substantive right. 145 C. 733. Cited. 147 C. 649; 159 C. 486; 165 C. 742, 748; 170 C. 258, 269. Cited. 4 CS 145. Public policy of this state not opposed to right of wife to sue husband in tort for cause of action arising in Pennsylvania before parties were married. 18 CS 297. A wife domiciled in Conn., and living with her husband so domiciled, may not maintain a tort action against the latter in this state for injuries sustained in Massachusetts. 20 CS 403. Public policy forbids maintenance of negligence action by unemancipated minor child against his parents. 24 CS 382. Cited. 30 CS 593. Wife may sue for husband's medical expenses for which she is legally liable. 32 CS 156. Spouses property rights not affected by marriage. 33 CS 44, 46. Annotations to present section: Cited. 178 C. 308, 314. Cited. 183 C. 35, 38, 40. Neither marriage nor an action for dissolution serves, in and of itself, to transfer an interest in property from one spouse to another. 184 C. 530, 534. Cited. 200 C. 290, 308. Cited. 206 C. 31, 34. Cited. 17 CA 431, 434, 435. 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 executed on or after that date. 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, in real or personal property, tangible or intangible, including income and debt. (P.A. 95-170, S. 1, 11.) History: P.A. 95-170 effective October 1, 1995, and applicable to premarital agreements executed on or after that date. 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 executed on or after that date. 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 buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property; (3) The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event; (4) The modification or elimination of spousal support; (5) The making of a will, trust or other arrangement to carry out the provisions of the agreement; (6) The ownership rights in and disposition of the death benefit from a life insurance policy; (7) The right of either party as a participant or participant's spouse under a retirement plan; (8) The choice of law governing the construction of the agreement; and (9) Any other matter, including their personal rights and obligations. (b) No provision made under subdivisions (1) to (9), inclusive, of subsection (a) of this section may be in violation of public policy or of a statute imposing a criminal penalty. (c) The right of a child to support may not be adversely affected by a premarital agreement. Any provision relating to the care, custody and visitation or other provisions affecting a child shall be subject to judicial review and modification. (P.A. 95-170, S. 3, 11.) History: P.A. 95-170 effective October 1, 1995, and applicable to premarital agreements executed on or after that date. 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 on or after that date. 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.A. 95-170, S. 5, 11.) History: P.A. 95-170 effective October 1, 1995, and applicable to premarital agreements executed on or after that date. 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 it was executed or when enforcement is sought; or (3) Before execution of the agreement, such party was not provided a fair and reasonable disclosure of the amount, character and value of property, financial obligations and income of the other party; or (4) Such party was not afforded a reasonable opportunity to consult with independent counsel. (b) If a provision of a premarital agreement modifies or eliminates spousal support and such modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid such eligibility. (c) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law. (P.A. 95-170, S. 6, 11.) History: P.A. 95-170 effective October 1, 1995, and applicable to premarital agreements executed on or after that date. 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, 11.) History: P.A. 95-170 effective October 1, 1995, and applicable to premarital agreements executed on or after that date. 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 limiting the time for enforcement, including laches and estoppel, shall be available to either party. (P.A. 95-170, S. 8, 11.) History: P.A. 95-170 effective October 1, 1995, and applicable to premarital agreements executed on or after that date. 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 effective October 1, 1995, and applicable to premarital agreements executed on or after that date. 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 by him or her as an individual and he or she shall be liable for the purchase. (b) Notwithstanding the provisions of subsection (a) of this section, it shall be the joint duty of each spouse to support his or her family, and both shall be liable for: (1) The reasonable and necessary services of a physician or dentist; (2) hospital expenses rendered the husband or wife or minor child while residing in the family of its parents; (3) the rental of any dwelling unit actually occupied by the husband and wife as a residence and reasonably necessary to them for that purpose; and (4) any article purchased by either which has in fact gone to the support of the family, or for the joint benefit of both. (c) Notwithstanding the provisions of subsection (a) of this section, a spouse who abandons his or her spouse without cause shall be liable for the reasonable support of such other spouse while abandoned. (d) No action may be maintained against either spouse under the provisions of this section, either during or after any period of separation from the other spouse, for any liability incurred by the other spouse during the separation, if, during the separation the spouse who is liable for support of the other spouse has provided the other spouse with reasonable support. (e) Abandonment without cause by a spouse shall be a defense to any liability pursuant to the provisions of subdivisions (1) to (4), inclusive, of subsection (b) of this section for expenses incurred by and for the benefit of such spouse. Nothing in this subsection shall affect the duty of a parent to support his or her minor child. (1949 Rev., S. 7308; 1957, P.A. 191; P.A. 77-288, S. 1; P.A. 78-230, S. 17, 54; P.A. 88-364, S. 58, 123; P.A. 92-140.) History: P.A. 77-288 rephrased section, referring to spouse where previously either husband or wife was specified, added exception re liability for expenses of last illness of deceased spouse and deleted provision which required that husband's property be first applied to support family and entitled wife to indemnity from husband's property for any of her property which was taken or money she was compelled to pay for satisfaction of claims; P.A. 78-230 divided section into Subsecs., rearranging and restating provisions, and deleted provision re liability for expenses of last illness; Sec. 46-10 transferred to Sec. 46b-37 in 1979; P.A. 88-364 changed the first word of Subsec. (a) from "all" to "any"; P.A. 92-140 deleted former Subdivs. (5) and (6) of Subsec. (b), inserted new Subsec. (c) re liability of spouse who abandons spouse without cause, relettering former Subsec. (c) as (d), and added Subsec. (e) re abandonment by spouse as defense to expenses. See Sec. 45a-393 re payment of funeral and last illness expenses of married person. Annotations to former section 46-10: Not necessary to first obtain judgment against husband, and have execution returned unsatisfied. 52 C. 406. Plaintiff may sue on implied promise created by statute. Id. Liability of husband for goods purchased for family not limited to those necessary or reasonable. 77 C. 390; 93 C. 453; id., 515. Father not obliged to support child unlawfully detained by mother. 68 C. 256. Husband is liable for wife's reasonable apparel even though he has not abandoned her. 93 C. 515. That goods were purchased by wife in foreign country is immaterial. Id., 516. "While abandoned by her husband" qualifies next preceding clause only. 93 C. 515; 94 C. 267. If goods in fact went to support of family, husband's prior notice to seller not to extend credit to wife is no defense. Id., 267. Whether a plastic surgery operation to improve husband's facial appearance is a "reasonable and necessary" expense depends on all circumstances. 100 C. 168. Common law liability to provide necessaries to wife exists independently of this statute; scope thereof. 102 C. 705. Necessary allegations in action on statute. Id., 706. Cited. 108 C. 730. Wife is not jointly responsible for every business obligation husband undertakes. 111 C. 306; 115 C. 295; 131 C. 156; 134 C. 332; 142 C. 375; id., 553; 143 C. 443; 144 C. 21. There must be a direct relationship between article purchased and the family benefit. 121 C. 663; 124 C. 249. Under former statute it was immaterial that husband supported wife. 112 C. 64. "Family" includes wife. Id. 131 C. 156. In tort action husband entitled to medical expenses for wife's injuries, both past and future. 122 C. 338. However, in suit by wife against husband, she may recover such expenses if creditors look to her for payment. 126 C. 146. Statute does not make wife guarantor but may make her liable on an implied promise. 124 C. 251. Husband has primary obligation to support and may be liable to wife for past support. Id. Her claim is legal rather than equitable and six-year limitation applies. Id. Her claim not defeated by reason of having private means. 132 C. 80. Payment by husband did not toll statute of limitations as to wife 125 C. 202. Three bases of recovery when creditor sues husband for goods furnished wife. 132 C. 77. If wife lives apart without justification, husband's obligation to support is suspended. 136 C. 685. Husband and wife cannot make contract with each other concerning maintenance or custody of child which court is compelled to enforce. 137 C. 74. Undertaker's services are not included in those purchases to which the statute applies. Id., 450. Does not modify common law determining conditions excusing husband from obligation to support wife or child. 138 C. 6. Plaintiff not entitled to recover where her estate had not been depleted in any way and she had not expended money of her own for support. 138 C. 701. The husband must provide for his wife and child within the reasonable limits of his ability. 142 C. 553. Wife's doctors' bills cannot be recovered from husband as damages in tort action. 145 C. 663. Cited. 155 C. 545. In action by wife for indemnification of money paid out by her for support of herself and children, it is immaterial whether second ground for divorce was found where it was proved the defendant had committed adultery and wife was fully justified in living apart from and divorcing him for that reason. 156 C. 628. Cited. 162 C. 546. Section does not exempt wife from any legal obligation towards family. Husband has primary duty to support family, but wife is also liable for family expenses. 170 C. 258, 269, 270. Cited. 175 C. 527, 534. Circumstances under which indemnity is available to wife under this section. 3 CS 211. Cited. 4 CS 144; 14 CS 128; 17 CS 189. There is no statute of limitations affecting this claim. 5 CS 459. Recovery by wife for expenditures for support of the family allowed only for payments actually made. 7 CS 153; 17 CS 208. Wife's right to indemnity is not defeated because she has private means. 13 CS 474; 17 CS 189; 20 CS 9. Liability of husband and wife for medical and hospital expenses rendered a minor child living with them does not exclude a minor married child. 16 CS 84. Conditions under which wife living apart entitled to sums expended and to be expended by her for reasonable necessities for support of family. Id., 235. Where wife left husband without just cause and where her return to him was not in good faith, he was justified in living apart and equitable support was denied wife. 23 CS 221. In absence of divorce husband has primary obligation of paying for support, medical care and burial of wife, and person advancing money for those purposes can recover from husband. Such person has legally protected interest adversely affected by purported divorce decree and may therefore attack decree. 23 CS 306. Judgment against wife leaves unaffected right to indemnification from husband. 30 CS 593. Wife may sue for husband's medical expenses for which she is liable. 32 CS 156. Liability for certain expenses. 33 CS 44, 46. Annotations to present section: Cited. 200 C. 290, 307, 308. Abandonment is a defense to liability. 206 C. 3133, 38, 39. Cited. 234 C. 194, 201. Cited. 235 C. 82, 88, 89. Cited. 21 CA 200, 207, 209. Cited. 26 CA 737, 738, 744, 746, 748. Subsec. (a): Cited. 206 C. 31, 34. Subsec. (b): Cited. 186 C. 167, 175. Subdiv. (6) cited. 206 C. 31, 34. Cited. Id., 31, 34, 35, 37, 38. Subdiv. (2) cited. Id., 31, 34, 36, 39. Cited. 234 C. 194, 209. Subdiv. (4) cited. 3 CA 392, 393, 395. Cited. 21 CA 200, 209. Cited. 26 CA 737, 742, 744747. Cited. 44 CS 169, 182. Subsec. (c): Cited. 206 C. 31, 34, 35. Cited. 21 CA 200, 209. Cited. 26 CA 737, 746. 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.) Cited. 185 C. 275, 287. 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 imminent physical harm, bodily injury or assault between family or household members. Verbal abuse or argument shall not constitute family violence unless there is present danger and the likelihood that physical violence will occur. (2) "Family or household member" means (A) spouses, former spouses; (B) parents and their children; (C) persons eighteen years of age or older related by blood or marriage; (D) persons sixteen years of age or older other than those persons in subparagraph (C) presently residing together or who have resided together; and (E) persons who have a child in common regardless of whether they are or have been married or have lived together at any time. (3) "Family violence crime" means a crime as defined in section 53a-24 which, in addition to its other elements, contains as an element thereof an act of family violence to a family member and shall not include acts by parents or guardians disciplining minor children unless such acts constitute abuse. (4) "Institutions and services" means peace officers, service providers, mandated reporters of abuse, agencies and departments that provide services to victims and families and services designed to assist victims and families. (P.A. 86-337, S. 1; P.A. 87-567, S. 1, 7; P.A. 88-364, S. 59, 123.) History: P.A. 87-567 amended definition of (1) "family violence" by adding provision re verbal abuse or argument; (2) "family or household member" by adding "and their children", changing "sixteen" to "eighteen" and adding persons sixteen or older other than persons in Subpara. (C); and (3) "family violence crime" by deleting former provisions and adding "in addition to its other elements, contains as an element thereof an act of family violence to a family member and shall not include acts by parents or guardians disciplining minor children unless such acts constitute abuse"; P.A. 88-364 amended Subpara. (D) of Subdiv. (2) to remove a redundant reference to persons who have resided together in the recent past. Cited. 219 C. 752, 757. Sec. 46b-38b. Investigation of family violence crime by peace officer. Arrest, when. Assistance to victim. Guidelines. Education and training program. (a) Whenever a peace officer determines upon speedy information that a family violence crime, as defined in subdivision (3) of section 46b-38a, has been committed within his jurisdiction, he shall arrest the person or persons suspected of its commission and charge such person or persons with the appropriate crime. The decision to arrest and charge shall not (1) be dependent on the specific consent of the victim, (2) consider the relationship of the parties or (3) be based solely on a request by the victim. (b) No peace officer investigating an incident of family violence shall threaten, suggest or otherwise indicate the arrest of all parties for the purpose of discouraging requests for law enforcement intervention by any party. Where complaints are received from two or more opposing parties, the officer shall evaluate each complaint separately to determine whether he should seek a warrant for an arrest. (c) No peace officer shall be held liable in any civil action regarding personal injury or injury to property brought by any party to a family violence incident for an arrest based on probable cause. (d) It shall be the responsibility of the peace officer at the scene of a family violence incident to provide immediate assistance to the victim. Such assistance shall include but not be limited to: (1) Assisting the victim to obtain medical treatment if such is required; (2) notifying the victim of the right to file an affidavit or warrant for arrest; and (3) informing the victim of services available and referring the victim to the Commission on Victim Services. In cases where the officer has determined that no cause exists for an arrest, assistance shall include: (A) Assistance included in subdivisions (1) to (3), inclusive, of this subsection; and (B) remaining at the scene for a reasonable time until in the reasonable judgment of the officer the likelihood of further imminent violence has been eliminated. (e) On or before October 1, 1986, each law enforcement agency shall develop, in conjunction with the Division of Criminal Justice, and implement specific operational guidelines for arrest policies in family violence incidents. Such guidelines shall include but not be limited to: (1) Procedures for the conduct of a criminal investigation; (2) procedures for arrest and for victim assistance by peace officers; (3) education as to what constitutes speedy information in a family violence incident; (4) procedures with respect to the provision of services to victims; and (5) such other criteria or guidelines as may be applicable to carry out the purposes of sections 46b-1, 46b-15, 46b-38a to 46b-38f, inclusive, and 54-1g. Such procedures shall be duly promulgated by said law enforcement agency. (f) The Police Officer Standards and Training Council, in conjunction with the Division of Criminal Justice, shall establish an education and training program for law enforcement officers, supervisors and state's attorneys on the handling of family violence incidents. Such training shall: (1) Stress the enforcement of criminal law in family violence cases and the use of community resources and include training for peace officers at both recruit and in-service levels; (2) include: (A) The nature, extent and causes of family violence; (B) legal rights of and remedies available to victims of family violence and persons accused of family violence; (C) services and facilities available to victims and batterers; (D) legal duties imposed on police officers to make arrests and to offer protection and assistance; (E) techniques for handling incidents of family violence that minimize the likelihood of injury to the officer and promote safety of the victim. (P.A. 86-337, S. 2; P.A. 87-554; 87-567, S. 2, 7; 87-589, S. 13, 87; P.A. 95-108, S. 15; P.A. 96-246, S. 32.) History: P.A. 87-554 substituted commission on victim services for criminal injuries compensation board; P.A. 87-567 added "as defined in subdivision (3) of section 46b-38a" after "family violence crime" and deleted former provision of Subsec. (e) re release of person arrested in family violence case; P.A. 87-589 made technical change in Subsec. (d); P.A. 95-108 amended Subsec. (f) to rename Municipal Police Training Council as Police Officer Standards and Training Council; P.A. 96-246 amended Subsec. (e) by deleting references to Subsec. (e) of Sec. 17a-101 and Sec. 17a-107. Cited. 43 CS 441, 442, 444, 449, 450, 452, 453. Cited. 44 CS 121, 123. Subsec. (a): Cited. 43 CS 441, 443. Subsec. (d): Cited. 23 CA 657, 660. Subsec. (e): Cited. 43 CS 441, 442, 451. Sec. 46b-38c. Family violence response and intervention units. Local units. Duties and functions. Pretrial family violence education program. (a) There shall be family violence response and intervention units in the Connecticut judicial system to respond to cases involving family violence. The units shall be coordinated and governed by formal agreement between the Chief State's Attorney and the Judicial Department. (b) The Family Relations Division of the Superior Court, in accordance with the agreement between the Chief State's Attorney and the Judicial Department, shall establish within each geographical area of the Superior Court a local family violence intervention unit to implement sections 46b-1, 46b-15, 46b-38a to 46b-38f, inclusive, and 54-1g. The Family Relations Division shall oversee direct operations of the local units. (c) Each such local family violence intervention unit shall: (1) Accept referrals of family violence cases from a judge or prosecutor, (2) prepare written or oral reports on each case for the court by the next court date to be presented at any time during the court session on that date, (3) provide or arrange for services to victims and offenders, (4) administer contracts to carry out said services, and (5) establish centralized reporting procedures. All information provided to a family relations officer in a local family violence intervention unit shall be for the sole purpose of preparation of the report for each case and recommendation of services and shall otherwise be confidential and retained in the files of such unit, and not be subject to subpoena or other court process for use in any other proceeding or for any other purpose. (d) In all cases of family violence, a written or oral report and recommendation of the local intervention unit shall be available to a judge at the first court date appearance to be presented at any time during the court session on that date. A judge of the Superior Court may consider and impose the following conditions to protect the parties, including but not limited to: (1) Issuance of a protective order pursuant to subsection (e); such order shall be an order of the court, and the clerk of the court shall cause (A) a certified copy of such order to be sent to the victim, and (B) a certified copy of such order to be sent within forty-eight hours of its issuance to the appropriate law enforcement agency; (2) prohibition against subjecting the victim to further violence; (3) referral to a family violence education program for batterers; and (4) immediate referral for more extensive case assessment. (e) A protective order issued under this section may include provisions necessary to protect the victim from threats, harassment, injury or intimidation by the defendant, including but not limited to, an order enjoining the defendant from (1) imposing any restraint upon the person or liberty of the victim; (2) threatening, harassing, assaulting, molesting or sexually assaulting the victim; or (3) entering the family dwelling or the dwelling of the victim. Such order shall be made a condition of the bail or release of the defendant and shall contain the following language: "In accordance with section 53a-110b, any violation of this order constitutes criminal violation of a protective order. Additionally, in accordance with section 53a-107, entering or remaining in a building or any other premises in violation of this order constitutes criminal trespass in the first degree. These are criminal offenses each punishable by a term of imprisonment of not more than one year, a fine of not more than two thousand dollars, or both. Violation of this order also violates a condition of your bail or release, and may result in raising the amount of bail or revoking release." The Department of Public Safety, in cooperation with the Office of the Chief Court Administrator, shall establish a twenty-four-hour registry of protective orders on the Connecticut on-line law enforcement communications teleprocessing system. (f) In cases referred to the local family violence intervention unit, it shall be the function of the unit to (1) identify victim service needs and, by contract with victim service providers, make available appropriate services and (2) identify appropriate offender services and where possible, by contract, provide treatment programs for offenders. (g) There shall be a pretrial family violence education program for persons who are charged with family violence crimes. The court may, in its discretion, invoke such program on motion of the defendant when it finds: (1) That the defendant has not previously been convicted of a family violence crime which occurred on or after October 1, 1986; (2) the defendant has not had a previous case assigned to the family violence education program; (3) the defendant has not previously invoked or accepted accelerated rehabilitation under section 54-56e for a family violence crime which occurred on or after October 1, 1986; and (4) that the defendant is not charged with a class A, class B or class C felony, or an unclassified felony carrying a term of imprisonment of more than ten years, or unless good cause is shown, a class D felony or an unclassified offense carrying a term of imprisonment of more than five years. Participation by any person in the accelerated pretrial rehabilitation program under section 54-56e prior to October 1, 1986, shall not prohibit eligibility of such person for the pretrial family violence education program under this section. The court may require that the defendant answer such questions under oath, in open court or before any person designated by the clerk and duly authorized to administer oaths, under the penalties of perjury as will assist the court in making these findings. The court, on such motion, may refer the defendant to the family violence intervention unit, and may continue his case pending the submission of the report of the unit to the court. The court shall also give notice to the victim or victims that the defendant has requested assignment to the family violence education program, and, where possible, give the victim or victims opportunity to be heard. Any defendant who accepts placement in the family violence education program shall agree to the tolling of any statute of limitations with respect to the crime or crimes with which he is charged, and to a waiver of his right to a speedy trial. Any such defendant shall appear in court and shall be released to the custody of the family violence intervention unit for such period, not exceeding two years, and under such conditions as the court shall order. If the defendant refuses to accept, or, having accepted, violates such conditions, his case shall be brought to trial. If the defendant satisfactorily completes the family violence education program and complies with the conditions imposed for the period set by the court, he may apply for dismissal of the charges against him and the court, on finding satisfactory compliance, shall dismiss such charges. Upon dismissal all records of such charges shall be erased pursuant to section 54-142a. (h) A fee of two hundred dollars shall be paid to the court by any person who enters the family violence education program, except that no person shall be excluded from such program for inability to pay the fee, provided (1) the person files with the court an affidavit of indigency or inability to pay and (2) the court enters a finding thereof. All such fees shall be credited to the General Fund. (i) The Judicial Department shall establish an ongoing training program for judges, Family Division personnel, bail commissioners and clerks to inform them about the policies and procedures of sections 46b-1, 46b-15, 46b-38a to 46b-38f, inclusive, and 54-1g, including but not limited to, the function of the family violence intervention units and the use of restraining and protective orders. (P.A. 86-337, S. 3; P.A. 87-567, S. 3, 7; P.A. 89-219, S. 1, 10; P.A. 91-6, S. 2, 3; 91-24, S. 3; 91-381, S. 4; P.A. 93-280, S. 2; 93-343; P.A. 96-180, S. 125, 166; 96-246, S. 33, 34.) History: P.A. 87-567 amended Subsec. (c) by adding "to be presented at any time during the court session on that date" and provision re confidentiality of information provided to family relations officer; amended Subsec. (d) by adding "to be presented at any time during the court session on that date"; and amended Subsec. (g) by changing "two hundred" to "fifty"; P.A. 89-219 amended Subsec. (g) by increasing the fee from fifty to one hundred dollars; P.A. 91-6 amended Subsec. (c) by deleting Subdiv. (5) re provision of monitoring systems for all restraining and protective orders; P.A. 91-24 amended Subsec. (f) to authorize the court to require the defendant to answer questions under oath "before any person designated by the clerk and duly authorized to administer oaths"; P.A. 91-381 amended Subsec. (d) by adding "pursuant to subsection (e)" after "protective order" and inserted new Subsec. (e) re provisions of protective order, including specific language required to be contained in such order and requiring that order be made a condition of bail or release of defendant, relettering remaining Subsecs. as necessary; P.A. 93-280 amended Subsec. (h) by increasing the fee for person entering family violence education program from one hundred to two hundred dollars; P.A. 93-343 amended Subsec. (e) by adding provision re establishment of twenty-four-hour registry of protective orders on the Connecticut on-line law enforcement communications teleprocessing system; P.A. 96-180 made technical change in Subsec. (e) by changing fine from one to two thousand dollars in accordance with P.A. 92-256, effective June 3, 1996; P.A. 96-246 amended Subsecs. (b) and (i) by deleting references to Subsec. (e) of Sec. 17a-101 and Sec. 17a-107. Cited. 219 C. 752, 757. Sec. 46b-38d. Family violence offense report by peace officer. Compilation of statistics by Commissioner of Public Safety. Report to Governor and General Assembly. (a) A peace officer who responds to a family violence incident shall complete a family violence offense report, whether or not an arrest occurs. (b) Each police department, including resident troopers and constables, shall report all family violence incidents where an arrest occurs to the Commissioner of Public Safety, who shall compile statistics of family violence crimes and cause them to be published annually in the Connecticut Uniform Crime Reports. An offense shall be counted for each incident reported to the police. A zero shall be reported if no incidents have occurred during the reporting periods. (c) For the purpose of establishing accurate data on the extent and severity of family violence in the state and on the degree of compliance with the requirements of sections 46b-38a to 46b-38f, inclusive, the Commissioner of Public Safety shall prescribe a form for making family violence offense reports. The form shall include, but is not limited to, the following: (1) Name of the parties; (2) relationship of the parties; (3) sex of the parties; (4) date of birth of the parties; (5) time and date of the incident; (6) whether children were involved or whether the alleged act of family violence was committed in the presence of children; (7) type and extent of the alleged abuse; (8) existence of substance abuse; (9) number and types of weapons involved; (10) existence of any prior court orders; (11) any other data that may be necessary for a complete analysis of all circumstances leading to the arrest. (d) A copy of the family violence offense report shall be forwarded to the state's attorney for the appropriate judicial district in cases where an arrest has been made. (e) The Department of Public Safety shall tabulate and compile data from the family violence offense reports and report such compilation annually for the five years following October 1, 1986, to the Governor and the General Assembly. (f) Any person required to report under the provisions of this section who fails to make such report shall be fined not more than five hundred dollars. (P.A. 86-337, S. 4.) 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 Family Division. Annual report to Governor and General Assembly. (a) The Family Division shall maintain a statistical summary of all family violence cases referred to the family violence intervention units. Such summary shall include, but not be limited to, the number of family violence cases referred, the nature of the cases and the charges and dispositions. (b) The statistical summary reports prepared by the Family Division shall be submitted to the Department of Public Safety on a monthly basis. The Department of Public Safety shall compile and report annually for a period of five years to the Governor and the General Assembly the tabulated data of family violence crime reports. (P.A. 86-337, S. 8.) 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.) CHAPTER 815j* DISSOLUTION OF MARRIAGE, LEGAL SEPARATION AND ANNULMENT ____________ *Statement of the Law Revision Commission: Public Act 78-230 and the recodification of the statutes in this chapter are intended to constitute merely a technical revision and are not intended to effect any substantive change in the law. See chapter 815o re Uniform Child Custody Jurisdiction Act. Annotations formerly to chapters 810 and 811: Person not a party to divorce proceedings may not collaterally attack divorce decree unless he had legally protected interest adversely affected by decree. 23 CS 275. In absence of divorce, husband has primary obligation of paying for support, medical care and burial of wife, and person advancing money for those purposes can recover from husband. Such person has legally protected interest adversely affected by purported divorce decree and may attack its validity. 23 CS 306. Annotations to chapter 811: Cited. 168 C. 579. The superior court, having obtained jurisdiction over the custody of minor children in a dissolution of marriage action, retains jurisdiction over their custody even though one parent subsequently dies. 31 CS 188. State's public policy re permissible grounds for divorce in recognizing foreign decrees evaluated as of date of Connecticut hearing, hence irretrievable breakdown allowable. 31 CS 344. Cited. 32 CS 92. Cited. 33 CS 44, 46. Annotations to present chapter: Cited. 185 C. 156, 157. Cited. 188 C. 385, 400. Cited. 5 CA 95, 99. Cited. 20 CA 500, 510. Secs. 46b-4046b-87 cited. 22 CA 337, 339. Cited. 26 CA 737, 745. PART I GENERAL PROVISIONS Sec. 46b-40. (Formerly Sec. 46-32). Grounds for dissolution of marriage; legal separation; annulment. (a) A marriage is dissolved only by (1) the death of one of the parties or (2) a decree of annulment or dissolution of the marriage by a court of competent jurisdiction. (b) An annulment shall be granted if the marriage is void or voidable under the laws of this state or of the state in which the marriage was performed. (c) A decree of dissolution of a marriage or a decree of legal separation shall be granted upon a finding that one of the following causes has occurred: (1) The marriage has broken down irretrievably; (2) the parties have lived apart by reason of incompatibility for a continuous period of at least the eighteen months immediately prior to the service of the complaint and that there is no reasonable prospect that they will be reconciled; (3) adultery; (4) fraudulent contract; (5) wilful desertion for one year with total neglect of duty; (6) seven years' absence, during all of which period the absent party has not been heard from; (7) habitual intemperance; (8) intolerable cruelty; (9) sentence to imprisonment for life or the commission of any infamous crime involving a violation of conjugal duty and punishable by imprisonment for a period in excess of one year; (10) legal confinement in a hospital or hospitals or other similar institution or institutions, because of mental illness, for at least an accumulated period totaling five years within the period of six years next preceding the date of the complaint. (d) In an action for dissolution of a marriage or a legal separation on the ground of habitual intemperance, it shall be sufficient if the cause of action is proved to have existed until the time of the separation of the parties. (e) In an action for dissolution of a marriage or a legal separation on the ground of wilful desertion for one year, with total neglect of duty, the furnishing of financial support shall not disprove total neglect of duty, in the absence of other evidence. (f) For purposes of this section, "adultery" means voluntary sexual intercourse between a married person and a person other than such person's spouse. (P.A. 73-373, S. 1; P.A. 74-169, S. 1, 18; P.A. 78-230, S. 18, 54; P.A. 91-19, S. 1.) History: P.A. 74-169 rephrased Subsec. (c) and applied provisions to decrees of legal separation; P.A. 78-230 restated provisions, adding Subdiv. indicators in Subsec. (c) and creating Subsecs. (d) and (e) from provisions formerly in Subsec. (c); Sec. 46-32 transferred to Sec. 46b-40 in 1979; P.A. 91-19 added Subsec. (f) defining "adultery". See Sec. 46b-48 re dissolution of marriage or annulment upon conviction of crime against chastity. Annotations to former section 46-13: Petitioner's presence dispensed with in certain cases. K. 270. "Fraudulent contract" includes those cases only which render marriage void ab initio. 1 D. 114. Decree may be reversed on error. Id. The fact that a petition was to be made by procurement of respondent would be good ground for dismissing it. 4 D. 351. Sufficient if nonresident has actual notice and appears by attorney. 5 D. 358. Corporal imbecility in former statute means a permanent and incurable impotency to consummate the marriage, and such impotency must be shown by proper averment. 8 C. 167. Fraudulent representations must be set forth. Id., 167. Divorce terminates husband's curtesy rights. 8 C. 541; 10 C. 230. Adultery condoned by cohabitation after knowledge. 9 C. 235. Knowledge that offending party had been convicted of adultery sufficient. Id., 235. An act of general assembly dissolving marriage procured by fraud renders it void only in futuro. Id., 328. Language calculated to wound the feelings insufficient; the cruelty required must be intolerable in fact. 17 C. 193, 194; 97 C. 694; 99 C. 430; 100 C. 3; 102 C. 755. Unreasonable exercise by husband of his marital right is not the cruelty contemplated unless he knew it was injurious and dangerous to wife. 17 C. 195; 61 C. 234. Husband not liable for wife's legal expenses in procuring divorce. 18 C. 421. Effect of, on responsibility for support of children. 22 C. 417. Proof of adultery inadmissible unless distinctly charged. 41 C. 40. Petition alleging adultery should be defined as to times, places and persons. Id., 40. A general finding of court that "respondent had not been guilty of intolerable cruelty" negatives specific allegation of cruelty. 43 C. 274. Desertion consists in a cessation of cohabitation, with a determination on part of offender not to renew it. 43 C. 318. Separation from necessity, such as inability by husband to support wife, does not constitute desertion. Id., 318, 319. Divorce granted for misconduct of wife as a matter of law does not revoke a legacy to her. 48 C. 504. Habitual intemperance a question of fact left to determination of trial court. 68 C. 192. When act of adultery was brought about by the connivance of petitioner, divorce will not be granted. Id., 195. Humiliating wife by obscene profane language and appearing before her intoxicated, knowing her dangerous condition of health, and communicating to her infectious disease constitutes intolerable cruelty. 70 C. 427. Furnishing support to a wife under order of court, though having deserted her, does not necessarily prevent court from finding husband guilty of desertion with total neglect of duty. 72 C. 571. Attitude of state as to divorce. 68 C. 186; 72 C. 151; id., 569; 78 C. 242. Nature of legislative divorce. 69 C. 585. No one has vested right to divorce; cause must exist at time of trial; evidence of actions since bringing of action admissible. 73 C. 54. Discretion of court 78 C. 262. Desertion. 72 C. 569; 84 C. 591; 90 C. 660; 91 C. 617; 97 C. 490; 126 C. 178; 131 C. 356; id., 437. Fraudulent contract. 78 C. 242; 90 C. 399; 110 C. 443; 114 C. 7; 115 C. 303. Who may attack decree for fraud. 69 C. 652; 73 C. 493. Prior divorce a defense. 88 C. 689. Not so, foreign divorce a mensa et thoro. 91 C. 617. Rabbinical divorce as abandonment. 90 C. 213. What constitutes intolerable cruelty. 95 C. 61; 107 C. 489; 110 C. 695; 126 C. 178. Proof of adultery should be clear. 96 C. 275. Four elements necessary to constitute desertion. 97 C. 490. Subsequent misconduct justifying divorce destroys effect of condonation and revives earlier, condoned offense. 100 C. 523. Unfounded accusations of adultery held to constitute intolerable cruelty under circumstances. 101 C. 84. Jurisdiction of court to order allowance to defend. 103 C. 197; 104 C. 415. Jurisdiction of superior court in general. 97 C. 443. State of domicile may grant divorce for any cause allowed by its laws, even though it was not a ground for divorce in place where committed. 108 C. 302. Law of forum governs throughout. Id. Condonation; removal of bar by subsequent conduct. Id., 303. Fraud by nondisclosure of facts. 110 C. 446. Misrepresentations as to age, name and nationality insufficient to dissolve consummated marriage. 114 C. 12. Misrepresentations as to continence in past condoned. Id., 11. Laches as ground for denial of divorce based on fraudulent contract. 115 C. 303. Concealment of epilepsy as fraudulent contract: Id. Divorce and annulment distinguished. 119 C. 197. Refusal of martial relations is not in itself desertion. 126 C. 178. Assault with intent to commit rape is an "infamous crime." 128 C. 128. In desertion an innocent plaintiff need not attempt reconciliation. 131 C. 356; id., 437. Cited. 133 C. 457. Fact that parties lived in same house pending decision is not conclusive on issue of intolerable cruelty. 134 C. 658. Cited. 136 C. 192; 143 C. 727. Where court did not find as a fact that separation was without plaintiff's consent, a conclusion of wilful desertion could not be sustained. 137 C. 165. Interest which state has in outcome justified court in denying decree despite unequivocal testimony on vital element in desertion case. 138 C. 490. Rule of superior court which permits amendment to complaint stating a ground for divorce alleged to have arisen since commencement of action does not affect substantive rights and is purely procedural. 139 C. 163. Intolerable cruelty must be shown subjectively as well as objectively. 144 C. 568. If ground for divorce is clearly established, plaintiff is not precluded from judgment by reason that evidence lacked corroboration of other witnesses. 151 C. 180. Cited. 152 C. 156 (Fn 2). Adultery will be presumed upon proof that spouse has gone through a formally valid marriage ceremony with another and that spouse is living with that other. 153 C. 301. Cited. 154 C. 703. These grounds for divorce not necessary for granting divorce upon basis of continued legal separation under section 46-30. 157 C. 85. Institution of confinement must be in this state. 4 CS 243. Voluntary furnishing of support prevents proof of "total neglect of duty." Id., 499; 11 CS 14. Cited. 5 CS 34; 17 CS 233. Refusal of sexual intercourse as desertion discussed. 7 CS 197. Attempt to commit rape only attempt to violate conjugal duty and therefore not grounds for divorce. 9 CS 122. Silence as consent to separation. Id., 231. Ingredients of desertion. 10 CS 71. "Duty" in wilful desertion means the duty to cohabit and includes no others. 14 CS 129. Plaintiff cannot amend a complaint for intolerable cruelty to include desertion unless three years have elapsed prior to the commencement of the original suit. Id., 442. Confinement in an institution must be actual. The fact that one who escapes is still subject to confinement is not enough. 16 CS 130. Proving that habitual intemperance existed until the separation of the parties comes directly within the provisions of section 1-1 as to pending actions. Id., 446. Desertion provision of three years discussed. 17 CS 161. To justify divorce on ground of mental illness, court must find that illness is incurable. Id., 410. Three years of desertion must elapse before suit is brought not before trial. Id., 483. Adultery by plaintiff after desertion by defendant is a recriminatory bar to divorce. 18 CS 312. False accusations of adultery or unchastity held to constitute intolerable cruelty. 20 CS 435. Evidence of conviction of a crime of injury or risk of injury to children held not to support a divorce decree, for the crime is not of such a nature that the record of conviction necessarily conveys the essentials that it is infamous, that involves a violation of conjugal duty, and that it is punishable by imprisonment in the State Prison. 21 CS 198. Condonation should be specially pleaded as a defense. 21 CS 228. An offense which has been condoned may be revived not only by a repetition of the same offense but also by the subsequent commission of other marital offenses constituting a ground of divorce. Id. Conditions necessary to sustain a decree of divorce for desertion. 21 CS 301. In action on ground of intolerable cruelty, mere wrangling over money matters held not intolerable cruelty and that plaintiff desired freedom from marriage is not enough. 22 CS 96. Nagging not intolerable cruelty. Id., 146. Claim of husband that conduct was not adulterous because the woman was not married held not relevant in divorce action although criminal statute (section 53-218) specifies married woman. 22 CS 147. If there is necessary domicile and requirements of our statutes as to notice to nonresident defendant are complied with, court has jurisdiction to grant divorce. 23 CS 161. Discussion of what constitutes wilful desertion; desertion may be actual or constructive. Husband may choose and fix domicile if, in doing so, he acts reasonably, and wife's unjustifiable refusal to accompany or follow him to new domicile constitutes desertion which is constructive. Id. Where parties gave no proof of Nevada divorce decree, nor of ground upon which it was granted, court refused to make Nevada judgment its own judgment by stipulation of parties. Also refused to award alimony to wife where Nevada divorce was obtained because of her misconduct. 23 CS 368. Cited. 25 CS 239. Special defense to complaint alleging intolerable cruelty that defendant is under conservatorship is insufficient and plaintiff's demurrer thereto is sustained. 27 CS 459. In action on ground of intolerable cruelty proof was lacking that conduct of defendant was intended by him to be cruel and that plaintiff had become tired of defendant as husband was no grounds for divorce. 28 CS 24. Continued relations of plaintiff with another man for whom she bought a trailer was sufficient provocation to constitute defense to her action for divorce on grounds of intolerable cruelty, her conduct having provoked husband to strong language complained of. 28 CS 336. Cited. 4 Conn. Cir. Ct. 647. Annotations to former section 46-28: "Alimony" discussed. 77 C. 31. New York marriage void for lack of consent. 119 C. 197. Consent and intent essential to afford mutuality of a valid contract existed. 136 C. 196. Where both parties to an action for annulment of a void marriage are nonresidents and the defendant is not served with process within this state, the fact that the marriage was performed within this state does not empower the court to obtain jurisdiction over the defendant by constructive service and render a judgment annulling the marriage. 142 C. 175. Superior court has jurisdiction over subject matter of annulment where plaintiff is domiciled in Connecticut whether ground relied on would make marriage voidable. 152 C. 155. Power and jurisdiction of court over marriage is purely statutory and must be strictly construed. 1 CS 76. Court does not have power to order alimony pendente lite in annulment proceeding. 5 CS 224. In declaratory judgment with respect to marital status where one has gone through form of second marriage, second woman not entitled to alimony pendente lite, but is entitled to allowance to defend. 9 CS 1. Leg