Prenuptial agreements, postnuptial agreements, and cohabitation agreements can help couples clarify their financial rights and responsibilities before disputes arise. These agreements are governed by New Hampshire statutes and common law principles, and may significantly affect property division, debt allocation, and spousal rights if a relationship ends.

 What is a prenuptial agreement?

A prenuptial agreement, often called a prenup, is a written contract entered into before marriage that establishes how certain financial matters will be handled during the marriage or in the event of divorce or death. A properly drafted agreement may address property rights, debts, business interests, inheritance expectations, and potential alimony, subject to New Hampshire law.

Are prenuptial agreements enforceable in New Hampshire?

Generally, yes. Courts will evaluate whether the agreement was entered into voluntarily, whether each party had a fair opportunity to understand its terms, whether adequate financial disclosure was provided, and whether enforcement is consistent with New Hampshire law. Agreements obtained through fraud, coercion, or other improper conduct may not be enforced.

What is a postnuptial agreement?

A postnuptial agreement is similar to a prenuptial agreement but is signed after the parties are already married. Postnuptial agreements may be used to address changes in financial circumstances, business ownership, inheritances, or other matters affecting the marital relationship.

Can a prenuptial agreement determine how property will be divided in a divorce?

A properly drafted prenuptial agreement may establish how certain assets, debts, business interests, and other property will be treated if the marriage ends. However, the agreement must comply with New Hampshire law and may be reviewed by the court before being enforced.

Can a prenuptial agreement address alimony?

In many cases, yes. A prenuptial agreement may include provisions concerning spousal support. Whether those provisions are enforceable depends upon the circumstances, the language of the agreement, and applicable New Hampshire law at the time enforcement is sought.

Can child custody or child support be decided in a prenuptial agreement?

No. Parents cannot predetermine child custody, parenting rights and responsibilities, or child support through a prenuptial agreement in a manner that binds the Family Division. The court must always determine these issues based upon the child's best interests and applicable law at the time of the dispute.

Can a prenuptial agreement protect a business owned before marriage?

Yes. Many prenuptial agreements include provisions addressing ownership, appreciation, income, and management of a business that one spouse owned before the marriage. A well-drafted agreement can help reduce future disputes, although the Family Division may still review the agreement's enforceability under New Hampshire law.

What happens if we never signed a prenuptial agreement before getting married?

If you did not sign a prenuptial agreement before your marriage, you may still be able to enter into a postnuptial agreement after the marriage has begun. Without either agreement, your rights and obligations will generally be determined under applicable New Hampshire statutes and any orders entered by the Family Division.

 What is a cohabitation agreement?

A cohabitation agreement is a written contract between unmarried individuals who live together. It may address ownership of property, responsibility for household expenses, debt allocation, and other financial matters. Unlike married couples, unmarried partners do not automatically receive the legal rights and protections afforded by New Hampshire marriage and divorce laws.

 Do unmarried couples have the same property rights as married couples in New Hampshire?

No. New Hampshire law does not provide unmarried couples with the same property division rights that apply in a divorce. Ownership of property is generally determined by title, contracts, and other applicable legal principles. A properly drafted cohabitation agreement can help clarify each person's rights and reduce future disputes.

Can a cohabitation agreement cover property purchased together?

Yes. A cohabitation agreement may specify how jointly purchased real estate, vehicles, bank accounts, household furnishings, and other property will be owned, managed, divided, or sold if the relationship ends. Clearly defining ownership in advance can help avoid costly litigation.

 Should I hire an attorney to prepare a prenuptial, postnuptial, or cohabitation agreement?

Yes. Although form agreements are available online, these agreements often involve significant legal and financial rights. A knowledgeable New Hampshire family law attorney can prepare an agreement tailored to your circumstances, ensure compliance with applicable law, promote full financial disclosure, and improve the likelihood that the agreement will be enforceable if later challenged.