27Aug, 13

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 and Kerrigan.

Kevin P. Rauseo is a director at Hamblett & Kerrigan P.A. He concentrates his practice in the areas of family and divorce law, Collaborative law, child custody and visitation, child support and alimony, personal injury, insurance defense, slip and fall accidents, automobile and truck accidents, motorcycle accidents, premises liability, dog bites and civil litigation. He is a member of the International Academy of Collaborative Professional and has previously served on the Public Education Advisory Panel of the Academy and Professional Development Committee. He is also a founding member of the American Academy for Certified Financial Litigators and a member of the Collaborative Law Alliance of New Hampshire. AV Preeminent Rated by Martindale-Hubbell. Recipient of the 2014 Nationally Ranked Top 10 Attorney Award from the National Academy of Family Law Attorneys (NAFLA). You can reach Attorney Rauseo at