Free Wyoming Prenuptial Agreement Template

A Wyoming prenuptial agreement is a contract future spouses sign before marriage to keep chosen property separate and set other terms. Wyoming courts treat these agreements as valid, enforceable contracts.

The state relies mainly on court decisions and general contract law.

Contract Rules Apply

In Morrison v. Hinson-Morrison (2024), the Wyoming Supreme Court repeated that prenuptial agreements are valid and enforceable. In addition, courts apply ordinary contract rules. When terms are clear, the court looks only to the document itself.

Courts Won’t Fill Gaps

Similarly, if an agreement is silent on something the parties easily could have addressed, the court won’t supply the missing language. Instead, it treats the omission as intentional.

Separate Property by Default

Under Wyo. Stat. § 20-1-201, property a spouse owns at marriage or later acquires by inheritance or otherwise stays that spouse’s separate property. The same goes for its rents, increase, and profits. However, family expenses and children’s education can be charged against both spouses’ property.

Everything Else

Finally, a court divides any property the agreement doesn’t cover under § 20-2-114(a). That statute calls for a just and equitable division.

Morrison offers a clear example. The couple’s agreement kept each spouse’s premarital property separate but said nothing about commingling.

During the marriage, the husband put money into property that belonged to the wife, including a $137,500 check to her company. At divorce, he argued the mixing of money should change how the agreement applied.

The court refused to add a commingling term. Instead, it treated his contributions as spousal gifts under the agreement’s own gift clause. It also held that a check counted as the “written instrument” the clause required.

So a Wyoming prenuptial agreement should say plainly what happens when one partner pays toward the other’s separate property. Without that language, a court may treat the payment as a gift.

1. List separate property clearly. Include assets and debts for each partner.
2. Address commingling. Spell out what happens to shared contributions.
3. Define how gifts work. Specify what writing counts as a gift between spouses.
4. Share financial information. Attach schedules to the agreement.
5. Sign with time to review. Give both partners a chance to ask questions.

A Wyoming prenuptial agreement typically covers:

• Separate property and its growth
• Rules for commingled funds
• Reimbursement for contributions to the other’s property
• Gifts between spouses
• Any alimony terms
• Schedules of assets and liabilities