Download New Hampshire Postnuptial Agreement Form [PDF]

The New Hampshire postnuptial agreement is a legal document that defines the rights and responsibilities of two spouses towards their individual and marital property.

The main difference between a postnuptial and a prenuptial agreement is when the parties sign the document. With a prenup agreement, the parties sign the document before they get married, while with a postnup agreement, the parties sign the document once they have entered the marriage.

Besides managing the marital property during the marriage, the parties can also use the New Hampshire postnuptial agreement to define how they will divide the property in case they get divorced.

Laws and Legal Requirements for a Postnuptial Agreement in New Hampshire

The laws and legal requirements for a postnuptial agreement in New Hampshire provide a framework for determining the legality of the postnuptial agreement. New Hampshire state laws and court decisions form this framework.

One of the most important court decisions for determining the legality of the New Hampshire postnuptial agreement is In re Estate of Wilber (N.H. 2013). It summarizes the stances the state courts have previously taken in this regard and comes to the conclusion that there is a higher level of scrutiny for the postnup agreements compared to the regular contracts.

The court provides that “[b]ecause the State has a special interest in the subject matter of antenuptial agreements, courts scrutinize them more closely than ordinary commercial contracts.”

Signing Requirements for a Postnuptial Agreement in New Hampshire

The New Hampshire state law provides that the postnuptial agreement must be made in written form. Moreover, it provides that both spouses must sign the document.

The state law, however, doesn’t set notarization as a requirement for the postnuptial agreement. Regardless, the parties should also consider completing this step, as it can provide additional confirmation of the document’s authenticity. Notarization is the process where the notary public identifies the spouses and confirms that they have personally signed the agreement.

Postnuptial Agreement Enforcement in New Hampshire

The court can declare the whole postnuptial agreement or certain parts of it unenforceable if one of the parties proves that:

Moreover, any provision that regulates child support will also be declared unenforceable. The main reason for this is that any decisions regarding child support are in the exclusive jurisdiction of the court.

What Can a Postnuptial Agreement in New Hampshire Cover?

The postnuptial agreement form in New Hampshire can cover multiple aspects of the parties’ financial and non-financial relationships. However, the parties should make sure all the provisions of their agreement are in line with state law and public policy.

Below, you can see the matters that are most commonly included in the postnuptial agreement template:

Postnuptial Agreement in New Hampshire: Validity Criteria

The first validity criteria for the New Hampshire postnuptial agreement form is connected with the formality criteria set by the state law. In other words, the New Hampshire postnup agreement must be made in written form, and both spouses must sign the document.

The second validity criterion is connected with the existence of marriage. This means that the parties can enter the postnup agreement only after they get married. Moreover, the parties can create multiple postnup agreements for regulating different matters, and they will all be considered valid.