A New Hampshire postnuptial agreement is a contract signed by spouses after marriage to determine their rights and responsibilities if the marriage ends by divorce or death, similar to a prenup but signed post-wedding. It often supersedes state laws on property distribution in divorces, serving as a useful estate planning tool.
Legal Considerations
- Signing Requirements: Both spouses are required to sign. Postnuptial agreements adhere to the same formation standards as those established in the broader law of contracts. (In re Estate of Wilber (N.H. 2013))
- Dividing Property: Equitable division (RSA 458:16-a).
Marriage and Divorce
Enforceability
To contest the validity of a postnuptial agreement, the challenging party must demonstrate:
- The agreement was secured by deceit, coercion, error, false statements, or withholding significant information;
- The agreement is excessively unfair; or
- Changes in conditions or situations since the agreement was signed render it invalid. [1]
Asset and Property Rights
Wife’s Separate Property
A woman retains sole control and use of any property she earns, acquires, inherits, is bequeathed, given, or conveyed to her, regardless of her marital status. This includes property obtained before or after marriage, unless it was acquired through the husband’s property expenditure or pledge. [2]
Wife’s Capacity to Contract
A married woman has the same legal rights and obligations regarding her property as if she were unmarried. She can manage, contract, sue, and be sued independently in legal and equity matters. Actions based on alienating a spouse’s affections do not entitle either spouse to damages. [3]
Between Husband and Wife
Spouses can directly transfer real estate to one another without needing a third-party intermediary, provided the transaction is lawful. [4]
