Can a Married Couple Enter Into a Postnuptial Agreement Regarding their Property?

postnuptial agreement For decades New Hampshire has had a statute allowing couples to enter into a premarital agreement before they tie the knot.  Until 2013, you could not do that after you were pronounced man and wife.  The Supreme Court of New Hampshire in a case called Estate of Wilber said that an agreement that determines a couple’s rights and obligations upon divorce can be entered into during marriage.

The so-called postnuptial agreement gives married persons the flexibility to dispose of their property and establish their rights and obligations upon death or divorce given their particular circumstances.  One catch is that there must be consideration for it, meaning one spouse has to give up something or give something to the other spouse; otherwise, it could be challenged as being an unfair contract.

Our family law lawyers would be happy to help you if you have any divorce and family law needs.  Please call one of the family law attorneys at Douglas, Leonard & Garvey at 1-800-240-1988 to assist you.

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