New Hampshire Prenuptial Agreement – Template & Laws

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Updated May 13, 2022

New Hampshire prenuptial agreement dictates how a married couple’s assets and property will be divided if they get divorced or become separated. Prenuptial agreements are entered into before marriage as a precautionary measure. Without establishing such an arrangement, the division of property will ultimately be determined by the court system thus eliminating each spouse’s ability to control the ownership of their personal assets. For this reason, the creation of a prenuptial agreement is advisable for all couples that want to protect their financial and personal interests going into marriage.

Signing Requirements (§ 460:2-a) – No statutory signing requirements; both spouses must sign. It is recommended that the signatures be provided in the presence of a notary public.

Laws

Case Law

CaseWheaton-Dunberger v. Dunberger, 137 N.H. 504 (1993)

A man and woman in contemplation of marriage may enter into a written interspousal contract . . . . However, no contract otherwise enforceable under this section may contain any term which attempts to abrogate the statutory or common law rights of minor children of the contemplated marriage.

Case – Parkhurst v. Gibson, 133 N.H. 57, 573 A.2d 454 (1990)

It is true that the parties to a large extent kept their assets separate and did not expect to share each other’s assets which they respectively brought to the marriage. It is therefore inappropriate to divide all assets equally between the parties.

Case McFarlane v. Rich, 132 N.H. 608, 567 A.2d 585 (1989)

Validity Presumptive validity of antenuptial agreement can be rebutted on proof that: (1) the agreement was obtained through fraud, duress or mistake, or through misrepresentation or nondisclosure of a material fact; (2) the agreement is unconscionable; or (3) the facts and circumstances have changed since the agreement was executed so as to make the agreement unenforceable.

Property Division Guide

Property Division (Germaine and Plazska, P.A.) – This page offers helpful information on how property is divided between couples who have not created a prenuptial agreement.

Video – Making a Prenup in New Hampshire