Prenuptial and Postnuptial Agreements are essential tools for financial planning and security within and after a marriage. These contracts allow couples to define their rights and responsibilities regarding property, assets, and support, providing clarity and peace of mind during the marriage and in the unlikely event of divorce.

Prenuptial Agreements (Pre-Nups)

A Prenuptial Agreement is a contract entered into before marriage. It allows prospective spouses to clearly define how their respective asset, debts, and other final maters will be resolved in the event the marriage ends by divorce, legal separation, or death.

Key New Hampshire Requirements:

In New Hampshire, a prenuptial agreement must satisfy certain statutory criteria to be enforceable, including:

• Written and Executed: The agreement must be in writing and signed by both parties.
• Voluntariness: Both parties must enter the agreement voluntarily, without duress or coercion.
• Full Disclosure: There must be a fair and reasonable disclosure of the property and financial obligations of the other party.
• Fairness: The agreement must not be grossly unfair when executed, or become grossly unfair due to circumstances arising after the agreement was executed, such as a significant change in circumstances or health.

Postnuptial Agreements (Post-Nups)

A Postnuptial Agreement is a contract entered into during the marriage. It serves the same fundamental purpose as a prenuptial agreement, to define the rights and obligations of the spouses, but is negotiated after the couple has already married.

Enforceability in New Hampshire:

To be enforceable, a postnuptial agreement will be analyzed under standard that is similar to the standard for a prenuptial agreement. A married couple may consider a postnuptial agreement when:

• Reconciling after a martial separation.
• When there has been a major change in finances, such as an inheritance.
• When updating financial/estate planning after marriage.

We provide thoughtful, meticulous drafting and review of marital agreements to ensure they are legally sound, enforceable under New Hampshire law, and reflect your intentions for a secure future.