Prenuptial Agreement in NH: What You Need to Know

A prenuptial agreement, also known as a prenup, is a legal contract signed by two individuals before they get married. The agreement outlines how assets and debts will be divided in the event of a divorce or legal separation. Prenups can protect both parties financially and emotionally, and they can also make the divorce process smoother and less stressful.

In New Hampshire, prenuptial agreements are governed by state law. Here is what you need to know about prenups in NH:

What Can a Prenup Cover?

A prenup can cover a wide range of issues, including but not limited to:

– Division of property: You can specify how assets and debts will be divided in the event of divorce or legal separation.

– Alimony: You can include provisions for spousal support in case of divorce or legal separation.

– Inheritance: You can protect assets that you expect to inherit in the future.

– Business ownership: You can outline how a family business will be treated in the event of a divorce or legal separation.

– Debts: You can protect yourself from taking on your partner`s debts in the event of a divorce or legal separation.

What Cannot Be Covered by a Prenup?

While a prenup can cover many terms, there are some limitations to what can be included in a prenup in NH. For example, a prenup cannot:

– Decide child support or child custody issues, as they are governed by state law and determined on a case-by-case basis.

– Encourage divorce or discourage marriage.

– Include illegal terms, such as a requirement for a partner to commit a crime.

– Contain provisions that are considered unconscionable or unreasonable.

How to Create a Prenuptial Agreement in NH

To create a valid prenup in NH, both parties must:

– Disclose all assets and debts: Each party must provide a full and honest disclosure of their financial situation.

– Review the agreement: Both parties should review the agreement and understand what they are agreeing to before signing it.

– Sign voluntarily: Both parties must agree to the terms voluntarily, without being coerced or pressured by the other party.

While you can create a prenup on your own, it is recommended that you work with an experienced family law attorney to ensure that your agreement is valid and enforceable.

Conclusion

If you are considering getting married in NH, a prenuptial agreement can be an important tool to protect your assets and financial future. While a prenup can cover many terms, there are some limitations to what can be included in NH. It is important to work with an experienced attorney to ensure that your prenup is valid and enforceable. With proper planning and legal guidance, a prenup can provide peace of mind and protection for both parties.