The New Hampshire Supreme Court’s decision In Re: Estate of Richard B. Wilber set a new precedent that post-nuptial agreements are legally valid.

Much like the more commonly understood prenuptial agreement, the post-nuptial agreement is a contract made between spouses that determines a couple’s rights and obligations in the event of divorce or death. Differentiating it from the “prenup” that is written in consideration of marriage, the post-nuptial agreement allows couples to make this agreement after marriage.

Because of unanticipated factors, even those with valid prenuptial agreements may benefit from a postnuptial agreement. There are a number of reasons for a post-nuptial agreement. Many couples earn considerable assets after they wed, and seek to protect their individual rights to those assets. There may have been an unexpected inheritance to consider. The agreement may reflect the birth of children or significant changes in roles of the partners.

While no one enjoys contemplating divorce from or the death of a spouse, the financial future of each party, along with arrangements for any children of the marriage, are better determined during good times than times of trouble. Working these details out in advance eliminates the stress of negotiating a fair distribution of assets during an emotionally challenging time.

To ensure the enforceability of a post-nuptial agreement, both parties should have separate counsel, with full disclosure of all debts, assets, and income. The agreement should provide protections for each member of the marriage. Ultimately, fairness should be regarded as the goal of any agreement between spouses. Fraud, mistake, or duress can void an agreement. A New Hampshire attorney is best suited to draft a post-nuptial agreement to meet the required contractual necessities.

Attorney Kathrine Lacey primarily assists clients in the area of Family Law. She sees clients in both the Meredith and Laconia offices.