Wyoming Prenuptial Agreement Form

Successful marriages maintain an excellent balance of emotional and practical aspects. Unfortunately, many couples are so overwhelmed by the upcoming wedding’s excitement and joy that they totally forget the practical perspectives. Of course, hardly anyone wishes to overshadow the future union and prepare a backup plan, should unfavorable events like divorce or the spouse’s death occur. Still, modern life calls the shots, and we, as intelligent citizens, need to comply with these rules.

Wyoming prenuptial agreement forms are designed to protect each of the spouses-to-be’s premarital properties and eliminate undesirable conflicts in case of legal separation. The document serves to satisfy both parties’ interests and reflects the privileges that each person possesses. Read more about this legal document in our comprehensive guide.

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One of the compulsory stipulations at creating a prenup agreement is disclosing the debts and encumbrances that can negatively affect the future spouse and set them in a vulnerable position. Therefore, the couple needs to negotiate all present benefits and limitations, register them in a written manner, and authorize the prenup paper.

Drafting prenuptial agreements might be challenging in Wyoming because the state laws are rather complex. If either partner feels uncertain, they should turn to a practicing family law attorney for professional assistance.

Wyoming Prenup Components

Like other states, Wyoming doesn’t provide pre-set prenup templates. The couple should define the content of the contract and record the instructions. Still, there are some inherent things that every Wyoming prenuptial agreement must include:

  1. Negotiated terms and their realization
  2. List of assets, real estate, property, and liabilities
  3. Signatures—the agreement should be authorized to maintain validity.

Wyoming Prenup Laws and Requirements

Since Wyoming doesn’t adopt the Uniform Premarital and Marital Agreements Act (UPAA), the state laws regulate the prenuptial contracts. All prenups must comply with the state requirements or become void. Below is a list of stipulations that any Wyoming prenup contract should follow.

Signing Requirements

Wyoming antenuptial contracts should be executed in a written manner and voluntarily signed by both future spouses before the wedding or a civil unit registration.

Sometimes, the spouses decide to adjust the terms of the agreement. In this case, they need to draft a new paper recognized in Wyoming as a postnuptial contract. Post-nuptial amendment agreements follow the same statutory requirements as the prenups: they must be in writing and signed by both spouses willingly.

Wyoming allows signing the prenup contract only by the spouses-to-be. Still, a notary public agent’s acknowledgment will add more power should the document be considered in the court.

Enforceability

To ensure prenup enforceability in Wyoming, the couple needs to comply with all of the below-listed statutory requirements:

  • Only written and willingly signed agreements are enforceable.
  • The agreement promotes the marriage, not the divorce.
  • The language and the manner of execution should be clear and understandable by both spouses-to-be.
  • The prenup agreement should be fair to each party. Wyoming recognizes two cases of unconscionable contracts:
  1. Prenups signed under duress.
  2. Prenups unfairly constructed, setting one of the spouses in an extreme and negative situation in case of separation.

Court Refusal

Unless the prenup agreement violates the enforceability requirements, the Wyoming court favors the contract.

Wyoming prenuptial agreements cannot outline childcare preferences and directives. The state protects children’s legal rights in common and shall act in the minors’ best interests. Therefore, even if the prenup covenant contains such terms, the court will ignore them.

What Prenups Can Cover

Wyoming prenups are designed relying on the signatories’ preferences and expectations. Most commonly, the contracts cover the below-listed aspects:

  • Each party’s separate property at the moment of the marriage and how the spouses will manage the assets.
  • How the spouses will use, transfer, trade, loan, and manage the community property and monetary assets acquired after the marriage.
  • Alimony policy and spouse support in case of separation.
  • Life insurance policy in case of either spouse’s death.
  • Adultery and penalties for cheating.
  • Liabilities and debts at the moment of marriage.
  • Inheritance policy.
  • Real estate planning.
  • Other aspects.

Property Type

Wyoming statutes regulate all property questions. Prenuptial agreements should be drafted per the state laws.

seal of wyoming state
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Published: May 6, 2022