Free Vermont Prenuptial Agreement Template

A Vermont prenuptial agreement is a contract two people sign before marriage about their property and support. Vermont courts rely on case law rather than a premarital agreement statute, so Vermont Supreme Court decisions set the rules.

The leading case is Bassler v. Bassler (1991), which the court applied again in 2025.

The Four Bassler Factors

Under Bassler, a prenup is enforceable when it has:

• Fair and reasonable disclosure of each spouse’s financial status
• Voluntary, free entry by both spouses
• Property-division terms that treat each spouse fairly
• No unconscionability

When Unconscionability Is Judged

Importantly, Vermont measures unconscionability by the circumstances at signing, not at enforcement.

The Public-Charge Limit

Even so, Bassler holds that public policy bars enforcing an agreement that would leave a spouse a public charge, or close to it, at divorce.

Agreements From Other States

Similarly, in Stalb v. Stalb (1998), the court said Vermont generally enforces prenups signed elsewhere. The exception is an agreement that contravenes Vermont public policy.

In Lacroix v. Rysz (2025 VT 16), a trial court voided a prenup because it would “vitiate the very status of marriage.” To reach that result, the trial court relied on a Massachusetts case.

However, the Vermont Supreme Court reversed. It held the trial court applied the wrong standard. An agreement that leaves spouses in the same financial position they held before marriage isn’t unconscionable for that reason alone, as long as neither spouse becomes a public charge.

Moreover, the court said terms that depend on which spouse files for divorce aren’t inherently unconscionable. It also noted that Massachusetts uses a different “fair and reasonable” standard.

In that case, the wife received the draft about two weeks before the wedding, hired her own lawyer, and exchanged full disclosure. Both parties agreed the disclosure and voluntariness factors were met. For couples, the ruling shows that Vermont courts won’t strike a Vermont prenuptial agreement simply because it preserves each partner’s premarital finances.

1. Exchange financial statements. Cover assets, income, and debts.
2. Hire separate lawyers if you can. Independent advice supports voluntariness.
3. Check the property split against Bassler. Each spouse should find the division fair.
4. Plan for hardship. Avoid terms that could leave a spouse dependent on public aid.
5. Sign well ahead of the wedding. Give both partners time to decide.

A Vermont prenuptial agreement typically covers:

• Separate property, including premarital assets and inheritances
• How property is divided at divorce
• Any spousal maintenance terms
• Choice of law for the agreement
• A summary of each partner’s disclosure
• Each partner’s signature