Download Vermont Prenuptial Agreement Form [PDF]

Read this article and learn how to protect your individual property before entering a marriage by drafting a Vermont prenuptial agreement.

Last update: 22 Apr 2024

Download Vermont Prenuptial Agreement Form [PDF]

The Vermont prenuptial agreement is a legal document that enables the parties who are about to get married to define their financial relationship. This kind of document is often used when one of the future spouses enters the marriage with a significant amount of assets or liabilities and wants to exclude them from the marital property.

However, parties also use the prenuptial agreement after marriage to determine how the assets accumulated during the marriage will be divided between the partners in case they get divorced. This can also include the liabilities accumulated during the marriage, like loans, mortgages, and more.

Laws and Legal Requirements for a Prenuptial Agreement in Vermont

The laws and legal requirements for a prenuptial agreement in Vermont are all outlined in the precedents established by the Vermont courts and a few provisions of the state law. Vermont is one of the states that hasn’t adopted the Uniform Premarital Agreement Act, which is the main reason this matter is regulated by the precedents.

The leading case that contains most of the precedents for this matter in Vermont is Bassler v. Bassler, 156 Vt. 353 (1991). Here, the court took a stance that:

“The enforceability of an antenuptial agreement is governed by consideration of whether (1) each spouse has made fair and reasonable disclosure to the other of his or her financial status; (2) each spouse has entered into the agreement voluntarily and freely; and (3) the substantive provisions of the agreement dividing the property upon divorce are fair to each spouse.”

Signing Requirements for a Prenuptial Agreement in Vermont

There is no statute outlining the signing requirements for the Vermont prenuptial agreement form. However, the document should always be in written form. Moreover, both future spouses must sign the agreement.

Whenever possible, the parties should also make sure to notarize their agreement. This will additionally confirm the authenticity of the document and prevent potential disputes in this regard, as well as any fraudulent activities. The notary public will identify the parties to this agreement and acknowledge that they personally signed the agreement.

Prenuptial Agreement Enforcement in Vermont

Prenuptial agreement enforcement in Vermont mainly depends on the fairness of the agreement for both parties and the fact that both parties signed the agreement voluntarily. The court can declare the agreement unenforceable if one of the parties proves that they have signed the agreement against their will. 

Moreover, each party must provide full and truthful information about their financial status for the agreement to be considered enforceable. In connection with that requirement, the court can also declare the prenuptial agreement unenforceable if one of the parties proves that they couldn’t understand the consequences of signing the prenuptial agreement due to a lack of legal capacity or intoxication.

What Can a Prenuptial Agreement in Vermont Cover?

The prenuptial agreement in Vermont can cover various matters related to the financial relationship of future spouses as long as these provisions do not violate state law or public policy.

The following are the most common matters that the Vermont prenuptial agreement template can regulate:

Provisions in a Prenuptial Agreement

  • The rights and responsibilities of each partner in terms of their individual property

  • Right to sell, buy, lease, mortgage, or manage the property acquired during the marriage

  • Rules on how the parties will divide the marital property in case of a marriage dissolution, divorce, death, or any similar event.

  • Rules on how the spouses will settle the commonly acquired liabilities in the case of a divorce

Prenuptial Agreement in Vermont: Validity Criteria

The first validity criterion is connected with the formality requirements. This means that the prenup agreement will be considered invalid if it’s not made in written form and if it’s not signed by both parties to the agreement.

Moreover, the validity of the prenup agreement will also depend on the validity of the marriage. The prenuptial agreement will be considered invalid if the marriage becomes void or if the parties don’t get married after signing the agreement.

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