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New Hampshire Prenuptial Premarital Agreement with Financial...

New Hampshire Prenuptial Premarital Agreement with Financial Statements

Name: New Hampshire Prenuptial Premarital Agreement with Financial Statements
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.65 (462 reviews)

Category:

Family Law - Marriage - Property Agreements - Prenuptial Premarital

State:

New Hampshire

Control #:

NH-00590

Format:

Instant download

Description

This Prenuptial Premarital Agreement with Financial Statements form package contains a premarital agreement and financial statements for your state. The agreement can be used by persons who have been previously married, or by persons who have never been married. It includes provisions regarding the contemplated marriage, assets and debts disclosure and property rights after the marriage. The agreement describes the rights, duties and obligations of prospective parties during and upon termination of marriage through death or divorce. These contracts are often used by individuals who want to ensure the proper and organized disposition of their assets in the event of death or divorce. Among the benefits that prenuptial agreements provide are avoidance of costly litigation, protection of family and/or business assets, protection against creditors and assurance that the marital property will be disposed of properly.

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FAQ

California's Prenuptial Agreement Law In California, individuals can draft their prenups.Additionally, once the prenup is created, each party has at least one week to seek independent legal counsel before signing. When both parties sign the prenup, it must be signed by a notary to be valid.

In California, individuals can draft their prenups. However, without a legal background, it is easy for the prenuptial agreement to be invalidated.Other requirements include a written contract, legal terms within the prenup and the voluntary signatures of both parties.

The premarital agreement is not a notarized document, therefore there is no per se obligation to notarize it.For instance, whenever the prenuptial agreement, in dividing assets between the spouses, also refers to a real estate property transfer, having the document notarized is highly recommended.

Be in writing. Be signed by both parties of their own free will. They cannot be under duress or be pressured into signing the prenup. Be presented with full disclosure. Be fair and reasonable. Be signed by both parties before a witness and a notary.

Both parties need to sign the document, and it's best to do so with a witness or notary present. To be extra sure that the document is valid, some lawyers recommend their clients to sign their prenuptial agreement in front of a judge as the witness.Prenuptials must be formatted appropriately.

Prenups are legally binding agreements, and each state has different rules that dictate what prenups should include. Prenups can range in cost based on several factors. For most couples, the cost will range from $1,000 up to $10,000 for more complicated situations.

You don't have to visit an attorney to draft a Prenup Contract, but Prenuptial Agreements must be in writing to be legally valid. It is in your best interest to use a Prenuptial Agreements form that has been reviewed by an attorney rather than creating one completely from scratch.

Putting the Agreement in Writing. Identify the parties and the document. After titling the document something like Premarital Agreement, you want to identify the two parties by full, legal names and state that they are both willingly entering into the agreement. State the intent of marriage.

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New Hampshire Prenuptial Premarital Agreement with Financial Statements

Sometimes there are areas of law about which Uniform Acts are written and adopted by the various states. Premarital Agreements is such an area of law. The NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS adopted the final version of the Uniform Premarital Agreement Act in 1983. Since that date, the act, as modified by the various states, has been adopted in the following states: Arizona, Arkansas, California, Connecticut, Delaware, District of Columbia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Montana, Nebraska, Nevada, New Jersey, New Mexico, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Texas, Utah and Virginia. At the heart of the act is the provision which provides that such an agreement is generally valid if it is in writing and it sets forth the factors to consider if the agreement is challenged.

A sample of the Uniform Act provides as follows:

25-201. Definitions

In this article, unless the context otherwise requires:

1. "Premarital agreement" means an agreement between prospective spouses that is made in contemplation of marriage and that is effective on marriage.

2. "Property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.

25-202. Enforcement of premarital agreements; exception

A. A premarital agreement must be in writing and signed by both parties. The agreement is enforceable without consideration.

B. The agreement becomes effective on marriage of the parties.

C. The agreement is not enforceable if the person against whom enforcement is sought proves either of the following:

1. The person did not execute the agreement voluntarily.

2. The agreement was unconscionable when it was executed and before execution of the agreement that person:

(a) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party.

(b) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided.

(c) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

D. If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.

E. An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.

F. If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.

25-203. Scope of agreement

A. Parties to a premarital agreement may contract with respect to:

1. The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located.

2. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign or create a security interest in, mortgage, encumber, dispose of or otherwise manage and control property.

3. The disposition of property on separation, marital dissolution, death or the occurrence or nonoccurrence of any other event.

4. The modification or elimination of spousal support.

5. The making of a will, trust or other arrangement to carry out the provisions of the agreement.

6. The ownership rights in and disposition of the death benefit from a life insurance policy.

7. The choice of law governing the construction of the agreement.

8. Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.

B. The right of a child to support may not be adversely affected by a premarital agreement.

25-204. Amendment or revocation of agreement

After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration.

25-205. Limitation of actions

A statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.

If your state has not adopted the Uniform Act, case law generally controls enforceability of the agreement. The agreement you have found is written to comply with the Uniform Act adopted by your State, or applicable case law if the Uniform Act has not been adopted by your state.

Advantages of premarital agreements for both parties:

Avoiding Litigation Costs

Protecting against Fears of Family Members

Protecting Family Assets

Protecting Business Assets

Protection Against Creditors

Child Custody and Support Guidelines

Predetermined Disposition of Property

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Disclaimer: This law summary is not legal advice. If you are not an attorney, you should consult an attorney about serious legal matters.

New Hampshire Prenuptial Premarital Agreement with Financial Statements

A sample of the Uniform Act provides as follows:

25-201. Definitions

In this article, unless the context otherwise requires:

1. "Premarital agreement" means an agreement between prospective spouses that is made in contemplation of marriage and that is effective on marriage.

2. "Property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.

25-202. Enforcement of premarital agreements; exception

A. A premarital agreement must be in writing and signed by both parties. The agreement is enforceable without consideration.

B. The agreement becomes effective on marriage of the parties.

C. The agreement is not enforceable if the person against whom enforcement is sought proves either of the following:

1. The person did not execute the agreement voluntarily.

2. The agreement was unconscionable when it was executed and before execution of the agreement that person:

(a) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party.

(b) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided.

(c) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

E. An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.

F. If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.

25-203. Scope of agreement

A. Parties to a premarital agreement may contract with respect to:

1. The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located.

2. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign or create a security interest in, mortgage, encumber, dispose of or otherwise manage and control property.

3. The disposition of property on separation, marital dissolution, death or the occurrence or nonoccurrence of any other event.

4. The modification or elimination of spousal support.

5. The making of a will, trust or other arrangement to carry out the provisions of the agreement.

6. The ownership rights in and disposition of the death benefit from a life insurance policy.

7. The choice of law governing the construction of the agreement.

8. Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.

B. The right of a child to support may not be adversely affected by a premarital agreement.

25-204. Amendment or revocation of agreement

After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration.

25-205. Limitation of actions

Advantages of premarital agreements for both parties:

Avoiding Litigation Costs

Protecting against Fears of Family Members

Protecting Family Assets

Protecting Business Assets

Protection Against Creditors

Child Custody and Support Guidelines

Predetermined Disposition of Property

To order the form, close this window and click the order icon.

Disclaimer: This law summary is not legal advice. If you are not an attorney, you should consult an attorney about serious legal matters.

New Hampshire Prenuptial Premarital Agreement with Financial Statements

Description

Related forms

Viewed forms

How to fill out New Hampshire Prenuptial Premarital Agreement With Financial Statements?

Form popularity

FAQ

Can I make my own prenuptial agreement?

Can I write my own prenuptial agreement?

Does prenuptial agreement need to be notarized?

Can I do my own prenuptial agreement?

Does a prenuptial agreement have to be witnessed or notarized?

How much money do you need for a prenup?

Is a handwritten prenup legal?

How do I write my own prenuptial agreement?

Trusted and secure by over 3 million people of the world’s leading companies

New Hampshire Prenuptial Premarital Agreement with Financial Statements

Description

Related forms

Related legal definitions

Viewed forms

How to fill out New Hampshire Prenuptial Premarital Agreement With Financial Statements?

Form popularity

FAQ

Can I make my own prenuptial agreement?

Can I write my own prenuptial agreement?

Does prenuptial agreement need to be notarized?

Can I do my own prenuptial agreement?

Does a prenuptial agreement have to be witnessed or notarized?

How much money do you need for a prenup?

Is a handwritten prenup legal?

How do I write my own prenuptial agreement?

Trusted and secure by over 3 million people of the world’s leading companies