• § 460:2-a – Antenuptial Agreements
• § 460:3 – Antenuptial Debts

Case Law

• Wheaton-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.

• 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.

• 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.