Download Wyoming Prenuptial Agreement Form [PDF]

Determine the financial rights and responsibilities of each spouse during and after the marriage by creating the Wyoming prenuptial agreement.

Last update: 20 Apr 2024

Download Wyoming Prenuptial Agreement Form [PDF]

The Wyoming prenuptial agreement is a legal document that the parties that are about to get married use to define their financial relationship. They will do so by outlining each partner's assets and liabilities obtained before the marriage and determining which part of these assets and liabilities will enter into marital property.

The prenuptial agreement is not only used by wealthy partners. This document can serve anyone who wishes to determine their financial relationship with their partner, regardless of how many assets they have acquired.

Moreover, parties don’t only use the prenuptial agreement after marriage. The prenup agreement can also determine the rights and obligations of each partner for the property acquired during the marriage.

Laws and Legal Requirements for a Prenuptial Agreement in Wyoming

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

The main case regulating the formality and validity of the Wyoming prenuptial agreement is LUND v. LUND, 849 P.2d 731 (1993)

This case provides that:

“An antenuptial agreement is a contract entered into between two people in contemplation and consideration of marriage. [...] The primary purpose of such agreements is to define and fix the respective property rights of the spouses before the marriage.”

Signing Requirements for a Prenuptial Agreement in Wyoming

The Wyoming prenuptial agreement form should be made in writing. Moreover, both parties to the agreement must sign the document for it to be considered valid.

Although the state law doesn’t explicitly require the notarization of the prenuptial agreement, the parties should also consider completing this step.

The main reason for notarizing the prenuptial agreement is that the notary public will confirm that the parties have personally signed the document and additionally confirm the authenticity of the document. This will prevent disputes between the parties as well as any fraudulent activities.

Prenuptial Agreement Enforcement in Wyoming

The court will declare the prenuptial agreement unenforceable if the party against whom enforcement is sought proves that:

Prenuptial Agreement Enforcement Conditions

  • They have signed the prenup agreement involuntarily

  • The other party failed to provide complete and truthful information about their financial status before signing the document

  • They didn’t have or reasonably couldn’t know the financial status of the other party

Moreover, the agreement can include a waiver of the right of one of the parties to spousal support after divorce. However, if enforcement of this provision makes one party eligible for support under a program of public assistance, the court will declare this provision unenforceable.

What Can a Prenuptial Agreement in Wyoming Cover?

The prenuptial agreement in Wyoming can cover multiple aspects of a future spouse's financial relationship.

Here are some of the matters that are most commonly included in the prenuptial agreement templates:

Provisions in a Prenuptial Agreement

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

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

  • Rules on how the property will be divided between the parties in case of a marriage dissolution, divorce, death, or any other similar event

  • Rights and responsibilities connected with alimony or spousal support

  • Matters connected with the life insurance benefits

  • Matters connected with the retirement plans

Prenuptial Agreement in Wyoming Validity Criteria

A prenuptial agreement is invalid if it is not in writing and neither future spouse signs it.

Moreover, the validity of the prenup agreement is connected to the existence of the marriage.  This means that if the parties don’t get married after signing the prenup agreement, the document will be considered invalid.

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