New Hampshire Prenuptial Agreement Form

If you are a couple planning to get married soon, you may be interested in registering your premarital financial assets, properties, and separate estate. In this review, we dwell upon prenup documents that help future spouses manage separate and community possessions.

In New Hampshire, papers governing usage and assignment of assets gained before and during the marriage are recognized as antenuptial agreements. Nowadays, the prenup agreement template has become popular among people with a wide wealth range.

The paper outlines basic terms regarding the property and reveals the parties’ financial background at the moment of the marriage, including both assets and debts separately. It is necessary to protect the signatories from possible unfavorable situations that may happen in the future, including divorce, separation, or death of either partner.

New Hampshire antenuptial agreements contain directives to manage the following aspects:

  • Property and real estate government
  • Alimony policy
  • Liabilities
  • Life insurance policy
  • Adultery and penalties
  • Inheritance
  • Other aspects

New Hampshire Prenup Laws and Requirements

New Hampshire is one of the states that don’t recognize the Uniform Prenuptial and Marital Agreements Act (UPAA). The state decrees its statutes and requirements regarding marriage life and related aspects in Chapter 460, Title XLIII of NH Revised Statutes. The regulations may seem challenging. Therefore, if either party or both spouses-to-be have doubts, they should search for a licensed family law specialist for assistance.

Signing Requirements

New Hampshire statutes have no mandatory requirements for creating prenuptial contracts. Still, the documents need to be executed in writing and signed by both spouses-to-be. Also, it is highly recommended to acknowledge the antenuptial document by a notary public. This will provide an additional layer of safety and boost the agreement’s legal status in the future.

If the couple decides to terminate or adjust the terms of the agreement, they should provide amendments in a written manner in separately created paperwork. The adjustments should be certified by appending both spouses’ signatures.

Enforceability

Since New Hampshire doesn’t adopt the UPAA, couples who decide to draft antenuptial agreements should follow the NH statements. § 460:2 of the Revised Statutes decrees that potential spouses may create a premarital covenant within federal and public laws. Still, if the wife and the husband have children in common, no contracts can affect the minor child’s rights.

Court Refusal

New Hampshire provides complex regulations to conduct prenups. Should the signatories violate any conditions, the document is regarded void. The below-listed aspects will also affect the court’s decision to refuse the agreement’s legal execution:

  • Authorizing the contract under pressure, by force, or at a threat.
  • One party intentionally misinforms the partner about their financial assets, debts, and liabilities.
  • The document is subject to trickery.
  • The document is constructed in a one-sided, unfair manner.

The injured party needs to provide sufficient evidence proving the aspects above. Otherwise, the prenup contract can be recognized as valid. The potential dishonesty of premarital agreements is considered in court, relying on exclusive circumstances of each individual case. In New Hampshire, it’s hard to classify the situation until it is taken to court.

Also, all pre-arrangements regarding childcare, visitations, and guidance are void. New Hampshire laws have certain statements that must be followed. You can find more information in § 460:15 and § 460:16, Title XLIII of the state Revised Statutes.

What Prenups Can Cover

Premarital covenants may differ relying on the spouses-to-be preferences and background. Still, there are certain aspects that most New Hampshire prenups cover.

  • Assignment of privileges and liabilities to each spouse regarding the separate and community property, monetary savings, and estate.
  • Parties’ rights to manage the resources and financial assets, including trade, exchange, transfer, loan, and property usage.
  • Assignment of privileges and debts in the event of separation, divorce, or death of either spouse.
  • Selecting the Jurisdiction that will govern the drafting, authorizing, and maintenance of a prenup contract.
  • Alimony policy and conditions, including the amount and period of getting the privilege.
  • Life insurance inheritance and distribution, should either spouse die.
  • Other statements selected individually

Property Type

  • 460:12 and § 460:17, Title XLIII of the New Hampshire Revised Statutes decree that the spouse can convey the real estate and personal assets just as they were before marriage if the person has resided separately in the territories of the state for at least six months.

Furthermore, § 460:1 provides legal support to women, stating that any woman may manage any property conveyed to her, acquired, gifted, inherited, or earned at any moment of her premarital and marriage life unless the property was obtained at the expense of her husband’s payments or assets. The NH law protects the wife’s right from any interference and dominance of third parties and her spouse.

Published: Feb 25, 2021