A New Hampshire prenuptial agreement is a document that sets the division of assets and property in case of divorce or separation, established before marriage to safeguard personal and financial interests. Without it, courts decide asset division, limiting personal control. Thus, creating a prenup is recommended for couples seeking to protect their assets before marrying.
Legal Considerations
Laws:
- § 460:2-a – Antenuptial Agreements
- § 460:3 – Antenuptial Debts
- § 458:19 – Alimony; Definitions, Terms, etc.
- § 458:52 – Limitation
Signing Requirements: There are no legal requirements for signing; however, both spouses must sign. It is advised to sign in the presence of a notary public. (§ 460:2-a)
Dividing Property: Equitable division (RSA 458:16-a).
General Comments
For an agreement to be enforceable, there must be full disclosure of assets and liabilities between parties, and each must have independent legal counsel during negotiations or review; failure to meet these conditions can lead to the agreement being unenforceable.
The terms of the agreement need to be fair to all parties involved, both at the time of entering the agreement and at the time of enforcement, to be considered enforceable. Such agreements must be written and signed willingly and must not be excessively unjust. (McFarlane v. Rich, 132 N.H. 608, 567 A.2d 585 (1989)).
What Terms Are Covered?
They frequently include provisions to:
- Ensure assets are allocated in a specific manner
- Ensure inheritances are distributed to designated individuals
- Ensure children from previous marriages are provided for in the event of death
What Terms Are Not Covered?
In the State of New Hampshire, prenuptial agreements cannot set terms for parenting or child support, as the child’s best interests are paramount. (Wheaton-Dunberger v. Dunberger, 137 N.H. 504 (1993)).
