Does New Hampshire Recognize Prenuptial Agreements?
Yes. New Hampshire will recognize prenuptial or antenuptial agreements. However, the validity of such agreements are oftentimes challenged once the divorce begins. If a spouse challenges the validity of the prenuptial or antenuptial agreement, some of the factors it will consider include: • The length of the marriage; • Whether both parties were represented by attorneys in drafting and negotiating the terms of the prenuptial or antenuptial agreement; • Whether both parties fully disclosed their financial circumstances at the time the prenuptial or antenuptial agreement was executed; • Whether both parties executed the prenuptial or antenuptial agreement freely and voluntarily; and • Whether enforcing the terms of the prenuptial or antenuptial agreement would produce a grossly unfair result to one party.
