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Free New Hampshire Prenuptial Agreement Template

A New Hampshire prenup records property and support plans before marriage. Build yours with our guided form and give both partners time to review it before the wedding.

  • Download as PDF and Word
  • E-sign included

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What Is a Prenuptial Agreement in New Hampshire?

A New Hampshire prenuptial agreement is a written contract two people sign in contemplation of marriage. RSA 460:2-a authorizes these agreements, and New Hampshire Supreme Court decisions supply the test for enforcing them.

New Hampshire Requirements for a Prenuptial Agreement

New Hampshire’s statute is brief, so court decisions fill in much of the detail.

A Written Contract

RSA 460:2-a lets two people planning to marry enter a written interspousal contract. A 2023 amendment updated the section’s wording from “a man and woman” to “two people.”

Agreements From Other States

New Hampshire courts must give an agreement made in another jurisdiction the same effect that jurisdiction’s courts would. That helps couples who signed elsewhere and later move to New Hampshire.

Children’s Rights Stay Intact

However, no agreement may include a term that tries to abrogate the rights of minor children of the planned marriage. That covers both statutory and common law rights, so avoid any term that would limit them.

When Will a New Hampshire Court Set Aside a Prenup?

Only in limited situations. In In re Estate of Hollett (2003), the New Hampshire Supreme Court treated a prenup as presumptively valid. The partner challenging it must prove one of three things:

  • Fraud, duress, mistake, misrepresentation, or nondisclosure of a material fact
  • Unconscionability
  • Circumstances have changed so much since signing that the agreement has become unenforceable

The same decision stressed that timing is of paramount importance when judging voluntariness. It also explained that the partner receiving the agreement should have a chance to get independent advice. That partner also deserves a reasonable time to think over the terms.

In short, a New Hampshire prenuptial agreement signed early, after honest disclosure, stands on much firmer ground. By contrast, one presented at the last minute invites exactly the voluntariness questions Hollett describes.

Tip

Deliver the draft weeks before the wedding and note the date. New Hampshire courts weigh timing heavily when deciding whether a prenup was voluntary. A clear paper trail helps.

How to Sign a New Hampshire Prenuptial Agreement

  1. Start well before the wedding. Give the receiving partner real time to review.
  2. Disclose every material fact. Include assets, debts, and income.
  3. Encourage independent advice. Each partner should be free to consult a lawyer.
  4. Sign the written contract. Both partners sign after reviewing the final draft.
  5. Revisit it if life changes a lot. Major changes can affect enforceability later.

What to Include in a New Hampshire Prenuptial Agreement

A New Hampshire prenuptial agreement usually covers:

  • Property each partner brings to the marriage
  • Treatment of income and assets acquired later
  • Alimony terms
  • Estate plans that match the agreement
  • A record of what each partner disclosed
  • Signatures and dates

Leave out any term that would undercut the rights of minor children, since RSA 460:2-a bars those terms.