Recently, the New Hampshire Supreme Court was faced with the issue of whether a post-nuptial agreement is enforceable within the state. Such agreements have traditionally been considered unenforceable within the state, but recent trends in other jurisdictions have led to some questions on whether New Hampshire would enforce such agreements. For many years New Hampshire courts have enforced prenuptial agreements which are entered into prior to the marriage. Post-nuptial agreements are similar to antenuptial agreements inasmuch as the contracting parties limit the rights of the other to claiming an interest in assets upon death or divorce. The only difference between the two is that the post-nuptial agreements are entered into after the marriage.
In finding that post-nuptial agreements are enforceable in the state, the New Hampshire Supreme Court stated “Post-nuptial agreements give married persons the flexibility to dispose of their property and establish their rights and obligations upon death or marriage dissolution, given their particular life circumstances.”
If you have any questions regarding prenuptial or post-nuptial agreements, please feel free to contact an attorney at Hamblett & Kerrigan.
Kevin P. Rauseo is a former director at Hamblett & Kerrigan P.A. and has since been appointed as a Justice for the New Hampshire Circuit Court. Please feel free to contact another attorney at Hamblett & Kerrigan to discuss your legal issues.