What could invalidate a premarital agreement in New Hampshire?

On Behalf of | Jan 15, 2025 | Dividing Assets, Divorce |

A prenuptial agreement can help prevent disputes during a divorce. However, not all prenups hold up in court. In New Hampshire, certain conditions can cause these contracts to become invalid. 

Failure to follow legal requirements

New Hampshire requires prenuptial agreements to meet specific legal standards. The agreement must be in writing and signed by both parties. If the document violates state laws or was not properly executed, a court may reject it. For instance, the premarital agreement cannot work against a child’s legal rights. Couples should also be sure to update the prenup if their circumstances change significantly.

Lack of voluntary consent

As with any other contract, both parties must willingly sign the prenuptial agreement. If one person felt pressured, threatened, or forced to sign, the agreement could be invalid. Courts take note of signs of coercion, such as rushing someone into signing shortly before the wedding. A valid agreement requires both parties to have enough time to review it without feeling pressured.

Incomplete or inaccurate information

Prenuptial agreements must include complete and accurate details about each person’s finances. This includes all assets, debts, income, and expenses. If one person hides important financial information or provides false details, the court could declare that the agreement is invalid. Transparency is key to ensuring fairness and enforceability.

Unfair or unreasonable terms

If a prenuptial agreement heavily favors one person, it may not be enforceable. Courts may rule the agreement invalid if it leaves one spouse without enough resources or contains terms that are unfair. For example, an agreement that denies spousal support under all circumstances might not hold up in court.

Prenuptial agreements can protect both individuals in a marriage, but they must follow specific rules. Understanding what could make an agreement invalid helps couples avoid mistakes and ensures fairness during divorce. A well-prepared agreement can save time, stress, and financial hardship in the future.

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