Zhou v. Zhang

Citations

• 334 Conn. 601

Syllabus

The plaintiff, whose marriage to the defendant had been dissolved, appealed, challenging the trial court's custody orders and claiming that the trial court improperly declined to enforce the parties' purported agreement to revoke an earlier postnuptial agreement and incorrectly determined that the postnuptial agreement was enforceable. Approximately six years into the parties' marriage, during which they had two children, the par- ties, after seeking and obtaining the advice of counsel, entered into a postnuptial agreement pursuant to which they agreed that, if either party sought a divorce between certain specified dates, the plaintiff would receive a certain amount of alimony and a specified distribution of mar- ital property. Thereafter, the plaintiff filed for divorce when the postnup- tial agreement was effective, and the parties entered into divorce media- tion. The parties retained S as a mediator. The defendant agreed to retain S in reliance on S's representation on S's website that mediation was voluntary and that any party could withdraw from mediation without sacrificing his or her rights. Moreover, the mediation agreement between the parties and S provided that the parties agreed to keep all statements made and materials and documents prepared and disclosed during medi- ation confidential and that this confidentiality would extend to any future judicial proceedings. Shortly after mediation commenced, the plaintiff sent an e-mail to S and the defendant, requesting a revocation of the parties' postnuptial agreement. S responded in an e-mail addressed to both the plaintiff and the defendant that he could help with that matter but that the ultimate separation agreement that the parties would reach at the conclusion of mediation would govern and would effectively override the parties' postnuptial agreement. S nevertheless prepared a revocation agreement, which the parties signed after making full disclose to one another regarding their financial information.