Vermont Prenuptial Agreement Form

As statistics show, divorce cases are on the rise in the United States. Unfortunately, shared interests, life plans, and values do not guarantee you happy family life. You cannot fully trust your partner as some people marry exclusively for financial gain. Therefore, the most common means of financial assets’ protection in a marriage in the state of Vermont is the Vermont Prenuptial Agreement.

The prenuptial agreement is an official document that establishes both spouses’ marital property rights and obligations. It guarantees the protection of your savings and finances in the event of divorce proceedings. The agreement is an effective mechanism for controlling offenses. The voluntary consent of both parties is a necessary prerequisite for completing the document. Learn more about this legal form on this page.

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No one has the right to force you to sign the contract through threats or blackmail. It is entirely your choice. Besides, consider the integrity of the covenant’s requirements. Do not hide any information about your financial situation, debts, and income. This way, you will avoid misunderstandings, conflicts, and legal proceedings in the future.

The contract provisions usually include the assignment of property and financial assets, management rights, and purchase and sale cases. This type of agreement requires careful review and the help of a professional lawyer or consultant. But regardless of the lawyer’s presence, you should be able to negotiate with your partner.

As for the structure of a standard prenuptial agreement form, it has some similar elements applied and accepted in most states, such as:

  • Introduction
  • Basic information
  • Conditions and demands
  • Enforcement
  • Date and signature

In Vermont, the prenuptial agreement must include your bibliographic information, gender, age, and address. Each party prescribes the desired conditions and requirements and gives full consent to their implementation. Non-compliance and violation of the prenup terms may lead to lawsuits and conflicts.

If possible, use the legal assistance of a notary. This person officially confirms the validity of the contract using the state seal. Usually, the spouses apply a month before the official marriage registration.

Vermont Prenup Laws and Requirements

Like any other US state, Vermont has local laws and legal rules that apply to documents. Unfortunately, Vermont did not pass the Single Law on Prenuptial Agreements (1983). This area is regulated by state laws and the Basler vs. Basler case law (156 V. 353 of 1991).

Back in the day, the Vermont Supreme Court dealt with the issue. Therefore now, based on this case, the courts consider prenuptial agreements and disputes between the spouses. However, there is another legal provision that the court relies on when considering prenup cases. It is the Stalb v . Stalb precedent (168 Vt. 235 of 1998).

Signing Requirements

In general, there are no significant requirements for the prenuptial agreement in Vermont, except for the signatures and mutual consent of two parties. The state requires that prenuptial agreements be voluntary and non-coercive. Besides that, Vermont’s authority also prohibits prenups’ enforcement if one of the parties has violated or performed it in bad faith. For more information, see Basler vs. Bassler case.

Enforceability

Again, the primary rule applied to all the state prenups is that no coercion in any form is allowed. However, if the couple has already signed the contract and it comes into force, both sides must adhere to it. The parties must also fully and fairly disclose all information about their assets and liabilities for the agreement to be enforceable.

Court Refusal

There are many cases when a married couple decides to divorce. Usually, the divorce process is accompanied by a court trial. Further, the decision on property division is made by the family law judge. The judge splits the property fairly without violating the rights of personal property after taking the following indicators into account:

  • Marriage duration
  • Spouses’ age and health status
  • Partners’ professional skills and position
  • Death or disability
  • Contribution of each spouse to the increase in financial assets
  • The right of inheritance of personal assets

What Prenups Can Cover

Prenuptial agreements in Vermont address a wide range of issues. Since the divorce process is a serious matter, many factors influence it.

The prenuptial contract includes the purchase and sale of dwelling property, opening of deposits, and lending. The current problem is the situation with custody and alimony payment. Also, at the spouses’ request, the court may consider issues related to the right of lease and inheritance, control of the property, and payment of debts. In other words, the application of marriage contracts depends on the couple and their preferences.

seal of vermont state

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Published: Feb 25, 2021