A New Hampshire prenuptial agreement is a contract you and your future spouse enter before getting married. It allows you to decide how assets and debts will be handled in the event of a divorce.
A prenuptial agreement can help protect both parties' assets, especially if you have children from a previous marriage.
What Does a New Hampshire Prenuptial Agreement Contain?
The following are some of the common provisions that may be included in a New Hampshire prenuptial agreement:
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Asset and debt division in divorce
A prenuptial agreement can help protect your property and assets when you divorce. In a divorce, the court will divide marital property between you and your spouse. This can include real estate, bank accounts, cars, and other valuable items. Your prenup can outline how you want to divide these assets between you and your spouse.
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The ability to sell, buy, or otherwise control property in the marriage
You can also use a prenup to make decisions about what happens with your personal property during the marriage (like selling a house). These decisions are called "dispositions."
By outlining each spouse's rights to personal property before the marriage, you know exactly what will happen if your relationship ends.
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Reservations about Infidelity
When one party to a marriage suspects that the other might be unfaithful, they can put their concerns in writing in the prenup .A prenuptial agreement can also include certain conditions regarding infidelity in the marriage. For example, it may state that if one spouse commits adultery, then they forfeit their right to any financial support from their spouse in the event of divorce.
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Joint Assets and Liabilities
Both parties must understand their financial situation before they get married, including knowing that both parties have income, debt, and assets.
Prenuptial agreements are an excellent way to ensure that people aren't marrying someone who is already financially unstable or in debt. They also ensure that couples don't inherit debts or other legal obligations from previous relationships.
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Children from previous relationships
A prenup should cover any children from previous relationships so that it is clear who will be responsible for them after separation or divorce occurs.
Is Consulting a Lawyer Crucial While Implementing a Prenuptial Agreement?
Yes, it is. A prenuptial agreement is an essential document that an experienced attorney should draft. This is because it will deal with your financial future and marriage. It is, therefore, necessary to have a professional who understands how the law works in your jurisdiction.
A lawyer will also advise you on how to draft a prenuptial agreement to ensure that it does not get challenged in court later on. When you hire an attorney, they will explain what each section means and why it's there so that you can understand what is written in your prenup contract and its implications on your marriage life with your partner."
Conclusion
If you're looking for a lawyer to help you draft a prenuptial agreement for your New Hampshire marriage, Contracts Counsel can help. We have many years of experience drafting and reviewing these agreements, and we know how to ensure they are in your best interests.
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Meet some of our New Hampshire Prenuptial Agreement Lawyers
Christopher R.
Corporate and transactional attorney in sixth year of practice. Focus areas include general corporate counsel, labor and employment law, business partnership matters, securities matters related to privately-held companies, and regulatory compliance in securities and finance matters.
October 27, 2020
Ross F.
I am an experienced technology contracts counsel that has worked with companies that are one-person startups, publicly-traded international corporations, and every size in between. I believe legal counsel should act as a seatbelt and an airbag, not a brake pedal!
July 27, 2023
Paul P.
With more than twenty years of experience, Attorney Paul Petrillo has written contracts, business agreements, wills, trusts and the like. Licensed in both New Hampshire and Massachusetts, Attorney Petrillo is regular user of remote and virtual communications and document exchanges, such as DocuSign, Adobe e-sign, as well as virtual meetings using Zoom and Webex, to make drafting contracts and communicating with clients quick and easy.
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Brad H.
Brad is a business attorney with experience helping startup and growing companies in a variety of industries. He has served as general counsel for innovative companies and has developed a broad knowledge base that allows for a complete understanding of business needs.
Matthew R.
I am an attorney located in Denver, Colorado with 13 years of experience working with individuals and businesses of all sizes. My primary areas of practice are general corporate/business law, real estate, commercial transactions and agreements, and M&A. I strive to provide exceptional representation at a reasonable price.
Ramsey T.
My clients are often small and medium size technology companies, from the "idea" stage to clients who may have raised a round or three of capital and need to clean up a messy cap table. I help with all legal matters related to growth that keep founders up at night - hiring people, allocating equity, dealing with shareholders and investors, client negotiations and early litigation counseling (before you need a litigator). I've seen a lot, and because I run my own business, I understand the concerns that keep you up at night. I’ve been through, both on my own and through other clients, the “teething” pains that will inevitably arise as you scale-up – and I’m here to help you. I have over 20 years international experience devising and implementing robust corporate legal strategies and governance for large multinationals. I now focus on start-ups and early/medium stage technology companies to enable a sound legal foundation for your successful business operations. Many of my clients are international with US based holding companies or presences. My 17 years abroad helps me "translate" between different regimes and even enabling Civil and Common Law lawyers to come together. Regularly, I handle early stage financings including Convertible Notes, Seed and Series A/B financings; commercial and technology contracts; international transactions; tax; mergers and acquisitions.
November 4, 2020
Dani E.
Dani is a trusted legal professional with expertise in contracts and corporate legal operations. Dani supports customers in reviewing and negotiating both buy and sell side agreements, including but not limited to Master Services Agreements, Licensing Agreements, SaaS Agreements, Supply Agreements, Commercial Contracts, Healthcare Contracts, IT Contracts, Vendor Contracts and Non-Disclosure Agreements. She also assists with negotiation strategy, contract lifecycle, privacy issues, legal policy setting, process improvement, corporate governance, force majeure clauses and template harmonization and playbook development. Dani has proven success drafting, negotiating and advising executive leadership on contracts to drive outcomes in line with defined strategic objectives. Dani is based in Georgia and holds a law degree from Western Michigan University’s Cooley Law School.
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Prenuptial Agreement
New York
Prenup
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Estate Planning
Prenuptial Agreement
Massachusetts
How does a prenuptial agreement affect estate planning?
I am getting married soon and I am interested in understanding how a prenuptial agreement would affect my estate planning. I would like to know what steps I should take to ensure that my assets are protected and that my wishes are carried out after I pass away. I am also curious as to how a prenuptial agreement might affect the distribution of my assets to my family members and other beneficiaries.
Briana C.
A prenuptial agreement does not create an estate plan. But it can do two things. First, a prenuptial agreement can create a contractual promise on the part of one or both spouses to do something in particular with their estate plan (such as promising to leave the marital home to the surviving spouse, or promising to leave everything they have to the surviving spouse, or promising to set up a trust, etc. etc.). If this contractual promise is broken, the surviving spouse has a contract claim against the estate of the dead spouse. Second, and almost the opposite, in a prenuptial agreement one or both spouses can waive the rights they would otherwise have by statute, thus freeing up the other spouse to do whatever he or she wants with her estate plan. Without a prenuptial agreement, a surviving spouse is entitled by statute to inherit a certain proportion of the estate of the dead spouse (the exact proportion depends on whether or not the dead spouse has a will, and/or has surviving children). The prenuptial agreement can override these statutory rights and provide that the surviving spouse is not entitled to inherit anything from the dead spouse, except for anything the dead spouse may choose to leave the surviving spouse in his or her will.
Family
Prenuptial Agreement
Massachusetts
Is a prenuptial agreement legally binding?
I am planning to get married and I have been advised to consider a prenuptial agreement to protect my assets in the event of a divorce. However, I am unclear on the legal validity and enforceability of a prenuptial agreement and whether it can be challenged or overturned in court. Therefore, I would like to seek the advice of a lawyer to help me understand the legal implications of a prenuptial agreement and ensure that my interests are protected.
Briana C.
Judges in most cases honor and enforce (signed and notarized) prenuptial agreements between two spouses as long as both parties entered it freely and voluntarily and with full knowledge of one another financial circumstances, and the agreement is not "unconscionable." A prenuptial agreement may not be enforced if (1) either party signed it under duress or coercion or undue pressure (or, say, the night before the wedding), (2) the party seeking to enforce it did not truthfully and completely disclose their financial information, or (3) enforcing the prenup would leave one spouse so destitute that they could not meet their most basic living expenses (i.e., would be forced onto welfare). In short, the prenuptial agreement will be enforced if (1) all the procedural requirements were met at the time it was signed and (2) the terms are not unconscionable, taking into account the circumstances existing at the time of divorce.
Family
Prenuptial Agreement
California
Are prenuptial agreements public record?
My partner and I are considering signing a prenuptial agreement before getting married. I want to keep it confidential and I'm not sure if we have to file this with the state or when we get married and would be publicly available?
Michael M.
Prenuptial Agreements are private agreements between the parties. They are typically not public, however, if the matter goes to court, they can be made part of the public record.
Family
Prenuptial Agreement
Massachusetts
How does a prenuptial agreement affect taxes?
As a couple planning to get married, my partner and I are concerned about the tax implications of a prenuptial agreement. We are wondering if entering into a prenuptial agreement will have any impact on our tax obligations or if there are any specific tax considerations that we should be aware of. We are seeking advice from a lawyer who can provide us with guidance on this matter.
Briana C.
A prenuptial agreement does not in itself affect how taxing authorities will treat the spouses. But it can create promises between the spouses toward one another. For example, it may create a promise to file jointly, or specify that they are making no such promise. And it can create a promise by each spouse to pay the other back for any taxes the other pays on his or spouse's behalf. The decision whether to file jointly or separately does have tax implications with taxing authorities.
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