Download Vermont Postnuptial Agreement Form [PDF]

The Vermont postnuptial agreement is a legal document created between two spouses for the purpose of defining their financial and non-financial relationship during the marriage. However, the parties can also use this document to determine how they will divide their marital property in case they get divorced.

The main difference between a postnuptial and prenuptial agreement is the moment the parties sign the document. With a prenup agreement, the parties sign the document before getting married, while with a postnup agreement, the parties sign the agreement during the marriage.

The main benefit of having a postnuptial agreement is that it can help the parties avoid potential spousal misunderstandings and disputes and save them a significant amount of time and resources by preventing or shortening the divorce procedure.

Laws and Legal Requirements for a Postnuptial Agreement in Vermont

The laws and legal requirements for a postnuptial agreement in Vermont provide a legal framework for determining the legality of the document. The main pillars of this legal framework are state laws and court decisions.

One of the most important court cases for determining the legality of the postnuptial agreement in Vermont is In re Prudenzano’s Will (1949). Here, the court provided the following stance:

“[I]t is not against public policy to allow the spouses, where the separation has already taken place, or is immediately to take place, fairly to define by contract their mutual rights and obligations with respect to property and to the wife's support, whether such agreement is made directly between the spouses or through the intervention of a trustee.”

Signing Requirements for a Postnuptial Agreement in Vermont

The Vermont postnuptial agreement should be made in written form. Additionally, the state law requires both spouses to sign the document.

The state law, however, doesn’t require the parties to sign the document before the notary public. Regardless, the parties should still consider completing this step, as the notarization will additionally confirm the authenticity of the document and prevent potential fraudulent activities in this regard.

The notary public will confirm the identity of both spouses and acknowledge that they have both personally signed the agreement.

Postnuptial Agreement Enforcement in Vermont

The Vermont postnuptial agreement must fulfill multiple requirements to be considered enforceable.

First, both spouses must voluntarily sign the agreement. This means that they must sign the document without influence, fraud, pressure, coercion, duress, or other kind of manipulation of the spouse's free will.

In addition, both parties should make a complete and truthful disclosure of their financial status in the document. To accomplish this, both parties should provide a list of all the assets and liabilities they have acquired before entering into the agreement.

What Can a Postnuptial Agreement in Vermont Cover?

The Vermont postnuptial agreement template can cover different matters connected with the financial and non-financial relationships of the spouses.

The following are some of the matters that are most commonly included in the Vermont postnuptial agreement:

Postnuptial Agreement in Vermont: Validity Criteria

The Vermont postnuptial agreement must fulfill the basic formality criteria to be considered valid. This means that it must be made in written form and that both parties must sign it.

Moreover, the validity of the Vermont postnup agreement is dependent on the existence of the marriage. The parties must sign the document only after they get married. In addition, the parties can make multiple postnuptial agreements that cover different aspects of their relationship.