A Vermont prenuptial agreement is a legal contract defining how assets and property will be divided if a marriage dissolves. A couple establishes this agreement before their wedding, and the document activates when they enter into a legal marital union. Such agreements typically cover alimony considerations, the rights to manage property, and terms regarding insurance policies.
Both partners should consider seeking a professional attorney to help them craft this document. With separate legal representation, each party can protect their interests if they get a divorce or their spouse dies.
Legal Considerations
Laws:Vermont hasn’t adopted the Uniform Premarital Agreement Act (UPAA), but prenups can still be valid and enforceable.
Courts refer to case law to govern these agreements. For example, Bassler v. Bassler, 156 Vt. 353 (1991) and Stalb v. Stalb, 168 Vt. 235 (1998) both serve as leading cases for the enforcement of prenups.
Signing Requirements: Even though state statutes don’t contain explicit signing requirements, Bassler v. Bassler is sufficient proof that both parties should sign the agreement.
Dividing Property: Equitable distribution (15 V.S.A. § 751 and § 752).
Enforceability Requirements
- Fair and Reasonable Disclosure: Each spouse should make a full disclosure of their finances. A party may be able to waive this disclosure from their spouse, but they should clearly express their intent to waive it in the document.
- Voluntary Agreement: Each party should voluntarily enter the agreement without undue stress.
- Equitable Division: The document should allow for the equitable division of property for both spouses. If the agreement results in one spouse becoming a public charge, it won’t be enforceable.
- Revocation: The parties may rescind the agreement if their conduct during the marriage is inconsistent with their document’s terms (Rock v. Rock 2023 Vt. 42).
