Take the first step toward peace of mind—start a conversation with your partner and consult a local attorney to create a prenup that works for both of you.
Create your prenuptial agreementWhat Prenuptial Agreement needs to be valid in New Hampshire
- Both parties must sign the agreement voluntarily and without coercion.
- The agreement must be in writing—verbal prenups are not enforceable.
- Both spouses must provide full and fair disclosure of their assets, debts, and income.
- The agreement must be signed by both parties in the presence of a notary public.
- Although not legally required, having independent legal counsel for each spouse is highly recommended to ensure enforceability.
- The agreement cannot include provisions about child custody or child support—these are determined by the court based on the child's best interests.
How to set up a Prenuptial Agreement in New Hampshire
- Start early—begin discussions well before the wedding to avoid last-minute pressure.
- List all assets, debts, and income for both of you, and decide what will be separate vs. marital property.
- Consider using a prenup template as a starting point, but customize it to your situation.
- Each spouse should hire their own attorney (a 'prenup lawyer') to review the agreement and advise them.
- Draft the final document with the help of an attorney, ensuring it meets New Hampshire's legal requirements.
- Sign the agreement in the presence of a notary, and keep a copy for your records.
How much it costs
The cost of a prenuptial agreement in New Hampshire varies depending on complexity and whether you use an attorney. Hiring a lawyer can cost anywhere from $1,500 to $5,000 or more, while using an online template may cost under $200. Keep in mind that a properly drafted prenup can save thousands in legal fees later if a divorce occurs.
Before You Begin: NH Prenup Checklist
Gather the essentials and understand New Hampshire's rules before drafting your prenuptial agreement to avoid delays and court challenges.
- Confirm both parties are 18+ and entering the agreement voluntarily, without duress or coercion.
- Fully disclose all assets, debts, and income in writing—omissions can invalidate the agreement.
- Decide whether to waive alimony, and note that NH courts may review such waivers for fairness at divorce.
- Have the agreement signed by both parties in the presence of a notary public—witnesses are not required but recommended.
- Review the agreement with separate attorneys; a lawyer can help ensure it's not unconscionable and meets NH standards.
- Keep the signed original in a safe place, and consider recording a memorandum with the county registry of deeds if it involves real estate.
Questions people ask
Is a prenuptial agreement enforceable in New Hampshire?
Yes, as long as it is in writing, signed voluntarily by both parties, notarized, and based on full financial disclosure. Courts will closely examine whether the agreement was fair and whether both parties had the chance to consult a lawyer.
Can a prenup include child support or custody terms?
No. In New Hampshire, courts decide child support and custody based on the child's best interests. Including these provisions could invalidate that part of the agreement or make it unenforceable.
Do I need a lawyer to create a prenup in New Hampshire?
It’s not mandatory, but it is highly recommended. Each spouse having independent legal counsel helps ensure the agreement is fair and will withstand legal scrutiny. If you both use the same lawyer or none at all, the court may see the agreement as one-sided.
Can we use a prenup template found online?
You can use a template as a starting point, but it's risky. New Hampshire law requires specific formalities and full disclosure. A generic template might miss key protections or fail to comply with state rules. Having an attorney review and finalize it is the best way to avoid costly mistakes.