Content Overview
When couples in New Hampshire decide to tie the knot, they often consider the benefits of a prenuptial agreement. This legal document can help protect individual assets and clarify financial responsibilities in the event of a divorce. A New Hampshire prenuptial agreement outlines each partner's rights and obligations regarding property, debts, and spousal support. It is essential for both parties to fully disclose their financial situations, ensuring that the agreement is fair and enforceable. The form typically includes sections for identifying the parties involved, detailing separate and marital property, and establishing terms for future financial arrangements. By addressing these critical aspects before marriage, couples can foster open communication and reduce potential conflicts down the line.
New Hampshire Prenuptial Agreement Sample
New Hampshire Prenuptial Agreement
This Prenuptial Agreement ("Agreement") is made and entered into this ____ day of __________, 20__, by and between ____________________ (hereinafter "Party One"), and ____________________ (hereinafter "Party Two"), and is executed in the state of New Hampshire, United States. It is intended to become effective upon the marriage of the parties.
Both parties acknowledge that they have entered into this Agreement voluntarily, without any duress or undue influence, and with a full understanding of its terms and the rights that each is surrendering. Each party has had the opportunity to consult with legal counsel of their own choosing.
Recitals:
- The parties are currently engaged and intend to marry in the near future.
- Each party wishes to define their respective rights and obligations regarding their individual and jointly held property, both during the marriage and in the event of a separation, divorce, or death.
- Both parties recognize the benefits of establishing the terms of their marriage relationship related to finances in order to prevent future disputes.
Now, therefore, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows:
1. Financial Disclosure
Each party has fully and accurately disclosed to the other party their respective financial assets, liabilities, and income, as more specifically set forth in Exhibits A and B attached hereto. Both parties acknowledge that they have had sufficient time to review the other party's financial information and consult with legal and financial advisors of their choosing.
2. Property Owned Prior to Marriage
Each party shall retain all rights, title, and interest in and to the property owned by them prior to the marriage, and such property shall be considered separate property not subject to division upon dissolution of the marriage. The parties specifically waive any claim to the other party's separate property, unless otherwise provided for in this Agreement.
3. Division of Marital Property
In the event of a divorce, the marital property shall be divided between the parties in accordance with the terms of this Agreement and New Hampshire law. Marital property is defined as all property, either real or personal, acquired by either or both parties during the course of the marriage, except for inheritances, gifts, and assets defined as separate property in this Agreement.
4. Spousal Support
Either party's right to seek spousal support from the other in the event of a dissolution of the marriage is expressly waived, except as may be otherwise provided in this Agreement.
5. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of New Hampshire, without giving effect to any choice of law or conflict of law provisions.
6. Amendment and Revocation
This Agreement may only be amended, modified, or revoked by a subsequent written instrument executed by both parties with the same formality as this original Agreement.
In witness whereof, the parties have executed this prenuptial agreement as of the date first written above.
Party One Signature: ___________________________________ Date: _______________
Party Two Signature: ___________________________________ Date: _______________
Witness Signature: _____________________________________ Date: _______________
Notary Public: _________________________________________ Date: _______________
My commission expires: __________________________________
PDF Specs
| Fact Name | Description |
|---|---|
| Definition | A prenuptial agreement is a contract made by a couple before marriage, outlining the distribution of assets and responsibilities in the event of divorce or separation. |
| Governing Law | New Hampshire law governs prenuptial agreements, specifically under RSA 458:16-a. |
| Enforceability | For a prenuptial agreement to be enforceable, it must be in writing and signed by both parties. |
| Full Disclosure | Both parties must fully disclose their financial situations, including assets and debts, for the agreement to hold up in court. |
| Voluntariness | The agreement must be entered into voluntarily, without coercion or undue pressure from either party. |
| Legal Counsel | While not required, it is highly recommended that both parties seek independent legal advice before signing the agreement. |
| Modification | A prenuptial agreement can be modified or revoked at any time, but such changes must also be in writing and signed by both parties. |
| Judicial Review | If challenged in court, a judge will review the agreement for fairness and adherence to legal standards at the time of signing. |
| Children's Rights | New Hampshire courts prioritize the best interests of children; thus, prenuptial agreements cannot waive child support obligations. |
| Common Misconceptions | Many believe prenuptial agreements are only for the wealthy, but they can benefit anyone looking to clarify financial matters before marriage. |
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