PREMARITAL AGREEMENT

(New Hampshire – RSA 460:2-a Compliant)

[// GUIDANCE: This template is intentionally comprehensive. Delete any bracketed guidance comments and fill in each [PLACEHOLDER] before circulating for signature.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

PREMARITAL AGREEMENT (this “Agreement”) made as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

1. [PARTY A FULL LEGAL NAME], residing at [ADDRESS] (“[PARTY A SHORT NAME]”); and
2. [PARTY B FULL LEGAL NAME], residing at [ADDRESS] (“[PARTY B SHORT NAME]”).

(Each, a “Party,” and collectively, the “Parties.”)

Recitals

A. The Parties contemplate legal marriage to one another on or about [MARRIAGE DATE] (the “Marriage”).
B. Pursuant to N.H. Rev. Stat. Ann. § 460:2-a, the Parties desire to set forth their respective rights and obligations regarding present and future property, debts, spousal support, estate rights, and related matters.
C. The Parties have made full and fair disclosure of their assets, liabilities, and income, or have expressly waived such further disclosure in writing as permitted by law.
D. In consideration of the forthcoming Marriage and the mutual covenants herein, the receipt and sufficiency of which are acknowledged, the Parties agree as follows.

II. DEFINITIONS

For purposes of this Agreement, the following terms have the meanings set forth below. Capitalized terms not defined in this Section shall have the meanings assigned elsewhere herein.

“Affiliate” – With respect to either Party, any entity that controls, is controlled by, or is under common control with such Party.

“Marital Property” – All property, real or personal, tangible or intangible, acquired jointly by the Parties after the Marriage that is not Separate Property.

“Separate Property” – (a) Property owned by a Party prior to the Marriage, (b) property acquired after the Marriage by gift, bequest, devise, or inheritance to one Party alone, (c) proceeds, income, or appreciation thereon, and (d) any property that a Party later designates in writing, signed by both Parties, as such.

“Triggering Event” – (i) Legal separation, (ii) filing of a petition for divorce or civil annulment involving the Parties, or (iii) the death of either Party.

[// GUIDANCE: Add or delete defined terms to fit client circumstances.]

III. OPERATIVE PROVISIONS

3.1 Effectiveness. This Agreement shall become effective upon solemnization of the Marriage and shall remain in force until amended or revoked in accordance with Section 9.1.

3.2 Separate Property Ownership.
(a) Each Party shall retain exclusive ownership, management, and control of his or her Separate Property.
(b) Neither Party shall, by reason of the Marriage or any contribution to marital life, acquire any interest in the Separate Property of the other except as expressly provided herein.

3.3 Marital Property. Unless otherwise agreed in a signed writing, all property acquired jointly after the Marriage shall be deemed Marital Property and owned in equal undivided one-half interests.

3.4 Debts. Each Party shall be solely liable for debts (secured or unsecured) incurred in his or her own name before, during, or after the Marriage unless expressly assumed by the other Party in a writing signed by both Parties. Jointly titled debts shall be shared equally unless otherwise agreed.

3.5 Spousal Support.
(a) Waiver. Subject to Subsection (b), each Party irrevocably waives any right to receive temporary, rehabilitative, or permanent alimony, maintenance, or spousal support from the other, whether arising under statute or common law.
(b) Savings Clause. If, at the time of enforcement, a court of competent jurisdiction determines that such waiver renders the economic circumstances of a Party unconscionable, the Parties agree that the court may award a limited, rehabilitative support not to exceed:
(i) $[CAP] per month; and
(ii) a maximum duration of [NUMBER] months.

3.6 Estate Rights. Each Party waives (a) the right to elect against the other’s will, (b) statutory intestate shares, (c) homestead or dower rights, and (d) any other spousal share or allowance, except as provided by beneficiary designations or testamentary instruments executed after the Effective Date.

3.7 Post-Execution Property Transfers. Any joint titling or co-mingling of assets shall not, by itself, alter characterization as Separate or Marital Property unless accompanied by a contemporaneous written statement of intent signed by both Parties.

3.8 Conditions Precedent. Delivery of fully executed and notarized Financial Disclosure Schedules (Schedules A-1 and A-2) is a condition precedent to this Agreement’s enforceability.

IV. REPRESENTATIONS & WARRANTIES

Each Party represents and warrants to the other that, as of the Effective Date:

4.1 Voluntary Execution. The Party executes this Agreement voluntarily, free from duress, undue influence, or coercion.

4.2 Independent Counsel. The Party has had the opportunity to consult with independent legal counsel of his or her choosing, and either (a) has done so, or (b) has voluntarily elected not to do so and hereby waives such right.

4.3 Financial Disclosure. The Party has provided a true, complete, and accurate written disclosure of all material assets, liabilities, and income, appended hereto as the Party’s respective Financial Disclosure Schedule.

4.4 No Inconsistent Agreements. The Party is not a party to any agreement that would conflict with or render impossible the performance of this Agreement.

4.5 Capacity. The Party has full legal capacity to execute and deliver this Agreement.

4.6 Survival. The representations and warranties in this Article IV shall survive the Marriage and any Triggering Event.

V. COVENANTS & RESTRICTIONS

5.1 Affirmative Covenants. Each Party covenants to:
(a) Maintain accurate records of Separate Property;
(b) Cooperate in executing documents reasonably necessary to effectuate the intent of this Agreement; and
(c) Update beneficiary designations to align with this Agreement within thirty (30) days after the Marriage.

5.2 Negative Covenants. Neither Party shall:
(a) Pledge or encumber the Separate Property of the other;
(b) Interfere with the other’s exclusive management of his or her Separate Property; or
(c) Transfer Marital Property to defeat the rights of the other Party.

5.3 Notice & Cure. A Party asserting a breach shall provide written notice specifying the nature of the breach and a thirty (30) day cure period before invoking remedies.

VI. DEFAULT & REMEDIES

6.1 Events of Default. Any material breach of Articles III or V constitutes an “Event of Default.”

6.2 Graduated Remedies.
(a) Specific Performance. The non-defaulting Party may seek specific performance, which the Parties agree constitutes an appropriate and necessary equitable remedy.
(b) Damages. If specific performance is unavailable, monetary damages capped pursuant to Section VII shall apply.
(c) Attorneys’ Fees. The prevailing Party in any action to enforce this Agreement shall be entitled to reasonable attorneys’ fees and costs.

6.3 Cumulative Rights. Remedies are cumulative and not exclusive of any other rights or remedies available at law or in equity.

VII. RISK ALLOCATION

7.1 Mutual Indemnification. Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party and his or her Affiliates (“Indemnified Party”) from and against any losses, claims, damages, or liabilities (“Losses”) arising out of the Indemnifying Party’s breach of this Agreement or misrepresentation herein.

7.2 Liability Cap. Except for (i) fraud, (ii) willful misconduct, or (iii) obligations relating to child support, each Party’s aggregate liability for all Losses under this Agreement shall not exceed the greater of:
(a) the total value of that Party’s Separate Property as of the Triggering Event; or
(b) $[NUMERIC CAP].

7.3 Exclusion of Consequential Damages. Neither Party shall be liable for indirect, consequential, punitive, or exemplary damages, except to the extent such damages are awarded to a third party.

7.4 Force Majeure. Neither Party shall be liable for failure to perform obligations (other than payment obligations) due to events beyond reasonable control, including acts of God, war, or governmental action (“Force Majeure Event”). Performance shall resume promptly upon cessation of the Force Majeure Event.

VIII. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement and any dispute arising hereunder shall be governed by and construed in accordance with the domestic relations laws of the State of New Hampshire, without regard to its conflict-of-laws principles.

8.2 Forum Selection. Exclusive jurisdiction and venue shall lie with the [NAME OF COUNTY] Family Division of the New Hampshire Circuit Court (the “Family Court”).

8.3 Limited Arbitration.
(a) Scope. Upon mutual written agreement, the Parties may submit property valuation or accounting disputes (but not child-related issues) to binding arbitration pursuant to N.H. RSA ch. 542.
(b) Confirmation. Any arbitration award may be confirmed by the Family Court.
(c) Preservation of Court Authority. The Family Court retains exclusive jurisdiction over child custody, visitation, and support.

8.4 Injunctive Relief. Notwithstanding Section 8.3, either Party may seek temporary or permanent injunctive relief, including specific performance, from the Family Court to prevent irreparable harm.

8.5 Jury Trial Waiver. The Parties acknowledge that domestic relations matters in New Hampshire are tried without a jury; accordingly, any right to a jury trial that might otherwise apply is knowingly waived.

IX. GENERAL PROVISIONS

9.1 Amendment; Revocation. This Agreement may be amended or revoked only by a written instrument signed by both Parties, expressly stating an intent to amend or revoke, and acknowledged before a notary public.

9.2 Assignment. Neither Party may assign or delegate any rights or obligations under this Agreement without the prior written consent of the other Party; any purported assignment in violation hereof shall be void.

9.3 Severability. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force, and the court is authorized to reform the invalid provision to the minimum extent necessary to make it enforceable while preserving intent.

9.4 Entire Agreement. This Agreement, including the Schedules, constitutes the entire understanding of the Parties with respect to its subject matter and supersedes all prior agreements or understandings, written or oral.

9.5 Counterparts; Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which is deemed an original, and all of which together constitute one instrument. Signatures delivered by facsimile, PDF, or electronic signature technology (e.g., DocuSign) shall be deemed original signatures.

9.6 Headings. Section headings are for convenience only and shall not affect interpretation.

9.7 Notices. All notices shall be in writing and deemed given when delivered (i) in person with signed receipt, (ii) by certified U.S. Mail, return receipt requested, or (iii) by nationally recognized overnight courier with proof of delivery, addressed to the receiving Party at the address set forth in the preamble (or such other address as either Party may designate by notice).

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Premarital Agreement as of the Effective Date.

NOTARY ACKNOWLEDGMENT
State of New Hampshire )
County of [_] ) ss.

On this _ day of _, 20__, before me, the undersigned notary public, personally appeared [PARTY A FULL NAME] and [PARTY B FULL NAME], proved to me through satisfactory evidence of identification, and acknowledged that they executed the foregoing Premarital Agreement as their free act and deed.

Notary Public
My Commission Expires: _______

SCHEDULE A-1 – PARTY A FINANCIAL DISCLOSURE

[Attach detailed statement of assets, liabilities, income, and supporting documentation.]

SCHEDULE A-2 – PARTY B FINANCIAL DISCLOSURE

[Attach detailed statement of assets, liabilities, income, and supporting documentation.]

[// GUIDANCE: The disclosures must be updated up to the eve of the Marriage to preserve enforceability. Attach additional schedules for separate property inventories, beneficiary designations, or estate-planning instruments as needed.]

End of Document