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Wyoming Prenuptial Agreement: What Does the Law Say?
Every successful marriage seeks to achieve a balanced emotional, physical, and financial aspect of life. But sometimes, prospective couples are so overwhelmed by marriage bliss that they forget to plan their finances. As a result, they end up in court, scrambling for assets when they divorce.
Having a prenup is one of the best ways to overcome complex financial challenges. Besides setting standards for wealth division, prenups enable couples to outline their financial duties before a divorce.
Read on for more about prenuptial agreements in Wyoming.
Wyoming is one of the few states that do NOT follow the Uniform Prenuptial Agreement Act. Instead, state laws help regulate and enforce premarital agreements.
According to Wyoming laws, two prospective spouses can enter a contract outlining their financial obligations and rights in marriage. Primarily, they will specify how they wish to share their assets and liabilities when the marriage ends.
Like in other states, a prenuptial agreement should be in writing since verbal agreements are not enforceable in Wyoming courts.
However, the state doesn’t give ready-made prenuptial contract templates. So, you would reach out to an attorney for help obtain a new template to record the contract terms.
In addition to your terms, a valid Wyoming prenup should include:
- A list of your liabilities, assets, property, and real estate
- Your signatures
What Does Wyoming Prenup Cover?
A prenup in Wyoming typically depends on your preferences as the signatories. Thus, you should be clear on your choices and expectation in the civil union.
Prenup contracts may include:
- Each spouse’s right to own property before marriage and how to manage the said property
- How will future spouses use and manage the marital property?
- How spouses will offer or forfeit spousal support
- How a spouse will obtain the other’s death benefits from life insurance
- Penalties for infidelity in marriage
- Debts and liabilities of both spouses
- Inheritance for children born in other marriages
- Other lawful aspects in Wyoming
Can a Prenuptial Agreement Grant Child Support?
According to Wyoming laws, prenuptial agreements cannot determine child support preferences. Instead, the state protects the rights of children regarding support or custody. Some courts in Wyoming may even void a prenup if it contains child custody provisions.
In determining child custody and support, the courts evaluate statutory laws and consider the child’s best interest.
However, parties can still include child custody provisions if they faithfully abide by the contract terms. Thus, they will apply the child support clause without involving the court. But if they disagree on the terms and take the matter to court, the courts may set aside the clause.
How To Enforce a Prenuptial Agreement in Wyoming
Your prenup must comply with the Wyoming state laws to remain valid and enforceable. As already mentioned, the contract should be a written and signed document.
A prenup in Wyoming should follow clear language, understandable to both spouses. In addition, the language should be straightforward and convey your intents.
In Wyoming, a premarital contract also requires “consideration,” which is a valuable thing you give your spouse in support of the agreement. Primarily, the marriage acts as “consideration,” and failing to marry voids the contract.
Finally, a premarital contract should be reasonably fair to both parties in two aspects. First, you should sign the agreement voluntarily without manipulation or threat. For instance, if you present a prenuptial agreement on the wedding date, the courts may consider it unfair to your spouse and void the contract.
The second aspect of fairness means the contract shocks your spouse’s conscience. Thus, the agreement shouldn’t put your spouse in a highly adverse situation after a divorce.
Do you want legal assistance in drafting a Wyoming prenup? Here’s a sample printable form to download.