Drafting a premarital agreement
When you enter into a premarital agreement, it's important to plan for both your current financial state and what you expect to transpire in the future. For instance, it is a smart choice to make sure you protect any inheritance money and place a limit on your future spouse's access to certain property or assets in the event of a divorce.
If you expect to earn significantly more than your spouse, it is also advisable to include provisions about alimony or spousal support. While you may be able to include certain details about child support, it's important to note that a spouse cannot waive the right to it within a premarital agreement.
Your future spouse will be given time to read, comprehend, and consider the premarital agreement. They should not be pressured, because they could claim that they entered into the agreement under duress and it will not be enforced, or could be invalidated at the time of a divorce.
Challenging New Hampshire premarital agreements
At our law firm, our premarital agreement attorneys have represented clients who are divorcing or who wish to challenge the enforceability of a premarital agreement. If you believe that you were fraudulently induced into signing an agreement, or that there were other problems in its creation, you may be able to take legal action and have some or all of the agreement voided. The state would then decide the terms of your divorce.
For example, if you were asked to sign your agreement the day before your wedding, this could be considered an example of a time when you could claim you were entering into the agreement under duress. The agreement may then be deemed invalid and unable to be enforced.
If you or someone you know needs to draft, or challenge the upholding of a New Hampshire premarital agreement, get in touch with a family law attorney at Burns, Bryant, Cox, Rockefeller & Durkin, P.A. today at 603-742-2332 or use our contact form. We represent clients facing all types of family law matters in New Hampshire.