Prenuptial Agreement - New Hampshire

PREMARITAL AGREEMENT

Before you use this: Complete both financial schedules and give each person time to review them with separate counsel. A court can decline to enforce an unfair or improperly obtained term. This agreement leaves support, death rights, and children's matters to applicable law.

This Premarital Agreement (the “Agreement”) is made on [DATE] by:

The parties intend to marry on or about [DATE]. They enter this written agreement in contemplation of that marriage under N.H. Rev. Stat. Ann. § 460:2-a. Their marriage, not the signing date, activates the property and debt arrangements below.

1. Financial disclosure and voluntary signing

1.1 Party A has given Party B Schedule A, listing Party A's material assets, estimated values, debts, and income as of [DATE]. Party B has given Party A the corresponding Schedule B. Each has had the opportunity to ask questions and request supporting records. Each shall disclose a material change learned before signing by amending the applicable schedule and giving the other party time to review it.

1.2 Each party signs voluntarily, understands the property and debt choices below, and has had a meaningful opportunity to consult independent counsel. Party A: ☐ consulted [COUNSEL NAME] ☐ chose not to consult counsel. Party B: ☐ consulted [COUNSEL NAME] ☐ chose not to consult counsel.

1.3 The first substantially complete draft was delivered to Party A on [DATE] and to Party B on [DATE]. The schedules were delivered to Party A on [DATE] and to Party B on [DATE]. No party represents that these dates alone establish enforceability.

2. Property allocated between the parties

2.1 Listed property. As between the parties, the assets identified on Schedule A are allocated to Party A, and those on Schedule B are allocated to Party B. An asset omitted from both schedules is addressed under Section 2.4. The schedules identify title, estimated value, and any lien; allocation here does not itself transfer title or bind a lender, creditor, plan administrator, or other third party.

2.2 Later acquisitions. Property acquired during marriage in one party's name using only that party's separately allocated property is allocated to that party, including traceable proceeds. Property deliberately acquired in both names is allocated in the shares stated on the title document or a later signed writing; if neither states shares, the parties agree to equal shares. The parties will retain records needed to trace a disputed acquisition.

2.3 Earnings and appreciation. Choose one treatment for each subject and initial it:

For each row, strike the unchosen choice before signing. If a row is left incomplete, the parties make no agreement on that subject and applicable law controls.

2.4 Unlisted property. Property not covered by a completed choice above or a later signed allocation remains subject to applicable law and any court order. Sole title by itself is not a promise that a New Hampshire divorce court will exclude property from its division under N.H. Rev. Stat. Ann. § 458:16-a.

2.5 Contributions to another allocation. A party who uses that party's allocated funds to improve or pay principal on property allocated to the other party may request reimbursement of the documented contribution, reduced by any repayment already made. The parties may instead state a specific different treatment here: [DETAILS OR “NONE”]. This paragraph does not itself change recorded title.

2.6 Retirement and beneficiary arrangements. This Agreement does not direct a retirement-plan administrator to pay benefits or replace any required plan consent, beneficiary designation, deed, or other transfer document. The parties will make any desired change through the applicable separate instrument and procedure.

3. Debts

3.1 As between the parties, Party A will pay the debts listed on Schedule A and Party B will pay those listed on Schedule B. A debt jointly incurred after marriage will be paid in the shares stated in a later signed writing, or equally if no shares are stated. A personal debt incurred by one party alone after marriage will be paid by that party, unless both parties later agree otherwise in writing.

3.2 This allocation does not release either party from an obligation to a creditor. The party assigned a debt will reimburse the other for a payment the other was required to make on that assigned debt, to the extent that payment is documented and was not already repaid.

4. Matters reserved

4.1 Spousal support. Neither party waives alimony or other spousal support by this Agreement. A support request and any enforceability question remain for the court under applicable law. The parties may make a different support agreement only in a separately reviewed, signed writing.

4.2 Death rights. Neither party waives inheritance, homestead, family allowance, elective, or other surviving-spouse rights by this Agreement. A will, trust, beneficiary designation, or later waiver requires separate review and execution.

4.3 Children. No term here limits a minor child's statutory or common-law rights. This Agreement does not determine child support, parenting, custody, or visitation.

5. Review, changes, and disputes

5.1 A party who believes circumstances have materially changed may ask the other to review the allocations. Nothing here prevents a court from considering fraud, duress, mistake, material misrepresentation or nondisclosure, unconscionability, or changed circumstances when enforceability is disputed. In the Matter of Arnold Goddard and Racheal Goddard, No. 2019-0735 (N.H. Nov. 2, 2020).

5.2 Any amendment or revocation must be in a writing signed by both parties. This Agreement does not prescribe a court's remedies, property division, or treatment of a provision it finds unenforceable. The parties intend any enforceable remainder to operate to the extent a court permits.

5.3 New Hampshire law governs this Agreement. Any dispute concerning it may be presented to a court with jurisdiction. Each party may seek advice and relief available under applicable law; this Agreement creates no automatic fee award, injunction, arbitration duty, or jury waiver.

5.4 This Agreement and its completed schedules state the parties' property and debt understanding. The parties have each received a copy of the signed Agreement and schedules.

6. Signatures

Schedules A and B are part of this Agreement. Attach additional signed pages if needed.

Schedule A — Party A disclosure

Annual income and source: [________________________________]. Other material interests or obligations: [________________________________].

Party A signature: ____________________ Date: __________ Party B receipt: ____________________ Date: __________

Schedule B — Party B disclosure

Annual income and source: [________________________________]. Other material interests or obligations: [________________________________].

Party B signature: ____________________ Date: __________ Party A receipt: ____________________ Date: __________

Sources and References

• N.H. Rev. Stat. Ann. § 460:2-a: https://gc.nh.gov/rsa/html/XLIII/460/460-2-a.htm
• N.H. Rev. Stat. Ann. § 458:16-a: https://gc.nh.gov/rsa/html/xliii/458/458-16-a.htm
• In the Matter of Arnold Goddard and Racheal Goddard, No. 2019-0735 (N.H. Nov. 2, 2020): https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-08/20190735.pdf