Connecticut § 46b-51 (Formerly Sec. 46-48). Stipulation of parties and finding of irretrievable breakdown.

Connecticut Statutes

§ 46b-51 — (Formerly Sec. 46-48). Stipulation of parties and finding of irretrievable breakdown.

Connecticut § 46b-51

Title 46bFamily Law

Ch. 815jDissolution of Marriage, Legal Separation and Annulment

This text of Connecticut § 46b-51 ((Formerly Sec. 46-48). Stipulation of parties and finding of irretrievable breakdown.) is published on Counsel Stack Legal Research, covering Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Conn. Gen. Stat. § 46b-51 (2026).

Text

(a)In any action for dissolution of marriage or legal separation the court shall make a finding that a marriage breakdown has occurred where (1) the parties, and not their attorneys, execute a written stipulation that their marriage has broken down irretrievably, or (2) both parties are physically present in court and stipulate that their marriage has broken down irretrievably and have submitted an agreement concerning the custody, care, education, visitation, maintenance or support of their children, if any, and concerning alimony and the disposition of property. The testimony of either party in support of that conclusion, or an affidavit made under oath by either party, pursuant to subsection (b) of this section, shall be sufficient.

(b)Any finding required to be made by the court purs

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(a) In any action for dissolution of marriage or legal separation the court shall make a finding that a marriage breakdown has occurred where (1) the parties, and not their attorneys, execute a written stipulation that their marriage has broken down irretrievably, or (2) both parties are physically present in court and stipulate that their marriage has broken down irretrievably and have submitted an agreement concerning the custody, care, education, visitation, maintenance or support of their children, if any, and concerning alimony and the disposition of property. The testimony of either party in support of that conclusion, or an affidavit made under oath by either party, pursuant to subsection (b) of this section, shall be sufficient. (b) Any finding required to be made by the court pursuant to subsection (a) of this section, may be made on the basis of an affidavit, made under oath, by either party, provided that the party making the affidavit attests that no restraining order issued pursuant to section 46b-15 or protective order, issued pursuant to section 46b-38c , between the parties is in effect or pending before the court. Nothing in this subsection shall preclude the court from requiring that the parties attend a hearing and that findings be made on the record. (c) In any case in which the court finds that a cause enumerated in subsection (c) of section 46b-40 exists, the court shall enter a decree dissolving the marriage or granting a legal separation. In entering the decree, the court may either set forth the cause of action on which the decree is based or dissolve the marriage or grant a legal separation on the basis of irretrievable breakdown. In no case shall the decree granted be in favor of either party.

Legislative History

(P.A. 73-373, S. 8; P.A. 74-169, S. 6, 18; 74-338, S. 92, 94; P.A. 78-230, S. 33, 54; P.A. 21-104, S. 18.) History: P.A. 74-169 clarified Subsec. (a) by specifying execution of written stipulation or personal stipulation “where both parties are physically present in court” that marriage is irretrievably broken and referred to legal separation in Subsec. (b) deleting detailed description of court's finding that marriage is irretrievably broken or that parties have lived apart for 18 months and there is no reasonable prospect that they will be reconciled; P.A. 74-338 made technical change in Subsec. (a); P.A. 78-230 restated provisions and deleted Subsec. (c) which had stated that defenses of recrimination and condonation to action for dissolution of marriage were abolished; Sec. 46-48 transferred to Sec. 46b-51 in 1979 and reference to Sec. 46-32 revised to reflect its transfer; P.A. 21-104 amended Subsec. (a) to add provision re affidavit and added new Subsec. (b) re affidavits, redesignated existing Subsec. (b) as Subsec. (c) and made a conforming change, effective June 28, 2021. Annotations to former section 46-48: Cited. 174 C. 602; 177 C. 173. Annotations to present section: Cited. 185 C. 156; 186 C. 311; 190 C. 657. Cited. 40 CA 570; 45 CA 737. Cited. 38 CS 37.