New Hampshire Prenuptial Agreement: What Couples Should Understand

Contrary to what many people think, premarital contracts are no longer a preserve of wealthy families. Currently, prenup agreements are more common, with couples racing to seal loopholes that may arise if a marriage flops or ends.

If you’ve been skeptical about prenups, you have every reason to believe otherwise. Many couples now embrace prenups as tools for outlining financial obligations during marriage and wealth division during a divorce.

Here we highlight prenuptial agreements in New Hampshire and what couples should expect after signing the contract.

Prenuptial Agreement in New Hampshire: An Overview

A premarital agreement involves potential spouses who intend to get married. It usually outlines their marital rights and responsibilities in handling finances and assets should their union end. Under the agreement, spouses can define how they will share their property and assets without going through lengthy court battles.

New Hampshire is one of the few states that have not ratified the Uniform Prenuptial Agreement Act. However, the state has revised statutes that contain marriage laws in chapter 460, Title XLIII.

Who Should Get a Prenuptial Agreement in New Hampshire?

Prenuptial agreements help prospective couples regardless of their financial status. Generally, they are ideal for future spouses who wish to avoid disagreements at marriage dissolution or death.

For instance, if you have limited financial resources, you may want to safeguard them for your child’s inheritance.

On the other hand, a wealthy spouse may use a premarital contract to separate the hard-earned assets from future marriages. The agreement defines financial obligations and eliminates future arguments about property ownership.

If you enter a marriage while having an asset, you may wish to separate the investment from the family in the event of a divorce. In that case, a prenuptial agreement will be necessary.

What Does Prenuptial Agreement in New Hampshire Cover?

Prenuptial agreements may vary across different states. Nevertheless, if you enter a premarital contract in New Hampshire, it covers the following:

• Your right to property you acquired during or after the marriage.
• How to divide property if you or your spouse dies or after divorce.
• Your rights to sell, lease, control, or transfer family property.
• Your rights to alimony, including the duration and amount to expect.
• Your rights to a death benefit from life insurance.

Why a New Hampshire Court Can Revoke Your Agreement

As already mentioned, New Hampshire is yet to adopt the Uniform Prenuptial Agreement Act. However, the state law regulates all legal prenuptial agreements, ensuring strict adherence to marriage laws.

First, a premarital contract must be in writing, duly signed by both parties. The courts may not honor agreements presented verbally by the spouses. The deal is only enforceable when you officially enter marriage, so the contract becomes void if you cancel the wedding.

A prenuptial agreement should be reasonably fair to both spouses. If the agreement excludes alimony and leaves either spouse destitute, then the court may overturn the unfair clauses of the contract.

A marital contract in New Hampshire might not withstand a court’s scrutiny if either spouse signed under undue influence, fraud, or duress. For instance, if you threaten your spouse to sign the document or compel someone to sign before reading the document, it may not be enforceable.

Failure to disclose all material facts to the other party can render the agreement unenforceable. So, before entering the contract, make sure to disclose all information regarding your assets, liabilities, and income.

Do you wish to sign a premarital agreement or have questions regarding the enforceability of a contract? Do not hesitate to download our free printable New Hampshire prenuptial agreement form.