Prenuptial Agreements

Prenuptial Agreements: Set Forth Your Marital Rights by Agreement Not by Default

/ Michael McLean / Leave a comment

By David DePuy (originally published 4/24/2014)

When you tie the knot in New Hampshire (or anywhere), there are certain rights and responsibilities that are imposed upon you and your spouse by law.  Those legal obligations are, in effect, default provisions in the event you and your intended have not provided otherwise by agreement.  Instead of having your marital rights and responsibilities determined by the State according to laws passed by the State Legislature that apply to everyone, couples entering into marriage may instead determine their rights and responsibilities in an agreement written by them.  Such prenuptial agreements may address almost any matter the parties wish, other than their rights and obligations with regard to children.

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Postnuptial Agreements – Changing the Rules After Marriage

/ Michael McLean / Leave a comment

By David DePuy (originally published 3/13/2014)

The New Hampshire Supreme Court, in a landmark decision (In Re: Estate of Richard B. Wilber), has confirmed that agreements made between spouses after marriage are valid and enforceable in New Hampshire.  The questionable validity of agreements determining rights of each spouse in property of the other upon death or divorce has now been laid to rest.  The Court in the Wilber case followed the trend of other states which recognize such agreements, finding that they are, in essence, subject to the same requirements as agreements entered into by parties prior to marriage, so-called prenuptial agreements.  Continue reading →