There’s something timeless about getting married in Vermont. Maybe it’s the quiet beauty of the Green Mountains, the cozy charm of its historic inns, or the sense of grounded simplicity woven into daily life here. Couples who choose Vermont—whether to marry, raise families, or start a business together—often value clarity, independence, and intentional living. Those same values make a prenuptial agreement not just a practical decision but an act of mutual understanding. A prenup is an opportunity to begin a marriage with transparency and open communication while making plans to protect each other’s future. So, do you need a lawyer for a valid prenup in Vermont? And what are Vermont’s legal requirements for an enforceable prenuptial agreement? Let’s break it down.
Do I need a lawyer for a valid prenup in Vermont?
Under Vermont law, couples can technically create their own prenuptial agreements without attorneys—but that doesn’t mean they should. Vermont has adopted the Uniform Premarital Agreement Act (UPAA), codified in 15 V.S.A. §§ 261–267, which governs how prenups are made and enforced. While the law allows individuals to draft their own agreements, courts hold them to a high standard of fairness, voluntariness, and full disclosure. To be valid, a Vermont prenup must be:
- In writing
- Signed by both parties
- Executed voluntarily before marriage
Beyond these basics, judges look closely at whether each person entered the agreement freely, understood its terms, and had a fair opportunity to seek independent legal advice. If one person lacked representation or didn’t understand the legal impact, a court could view that as unequal bargaining power or lack of informed consent. That’s why, while not technically required, having a lawyer for each party is strongly recommended. In practice, it’s often what separates a solid, enforceable contract from one that could collapse under scrutiny.
Do we both need lawyers, or can we share one?
It’s a common question: If we trust each other and agree on everything, can we just hire one lawyer to get it done? Unfortunately, the answer in Vermont is no. One lawyer cannot ethically represent both parties in a prenuptial agreement. Even couples who agree on every term still have distinct legal interests. For example, one person might want to protect premarital assets or an inheritance, while the other might prioritize future financial security. Having separate counsel protects both of you. It ensures the agreement is explained clearly, fairly negotiated, and less vulnerable to future challenges.
Courts often view representation on both sides as strong evidence that the agreement was entered into voluntarily and knowledgeably. If only one party has counsel, the prenup can still be valid. But it’s riskier. The unrepresented spouse could later claim they didn’t understand what they signed, which might open the door to litigation or even invalidate the agreement.
Can I write my own prenup in Vermont?
You can, but you probably shouldn’t. Vermont courts examine the content of a prenuptial agreement and how it was created. DIY or template-based prenups often fail because they don’t meet Vermont’s specific standards for disclosure, fairness, and execution.
For example:
- Both parties must make full and fair disclosure of their assets and debts.
- If one person forgets or omits a significant asset (like a business interest or investment account), the entire agreement could be invalidated.
Additionally, Vermont’s UPAA allows courts to refuse to enforce agreements that were unconscionable when signed or that would leave one spouse without reasonable support after divorce. Online forms rarely capture these nuances. A lawyer ensures your agreement reflects your real circumstances and complies with Vermont law—so it protects both of you as intended.
What are the requirements for a valid prenup in Vermont?
To create a valid and enforceable prenuptial agreement in Vermont, these conditions generally apply (15 V.S.A. §§ 261–267):
- The agreement must be in writing and signed by both parties.
- It must be executed voluntarily, without fraud, coercion, or duress.
- Both parties must provide full financial disclosure before signing.
- The agreement cannot be unconscionable at the time it was executed.
- It must be signed before marriage (postnuptial agreements follow different rules).
Courts also consider fairness at enforcement. For example, if enforcing the prenup would leave one spouse destitute or reliant on public assistance, a court may decline to enforce it even if it was valid when signed (15 V.S.A. § 266). These safeguards exist to ensure that prenuptial agreements reflect mutual respect, transparency, and fairness—not one-sided advantage.
Where do I find a prenup lawyer in Vermont?
Vermont’s family law community is small but highly skilled. The Vermont Bar Association’s Lawyer Referral Service is a great place to start—it connects individuals with qualified family law attorneys based on location and needs. Many firms in Burlington, Montpelier, and Rutland regularly handle prenuptial and postnuptial agreements.
When interviewing lawyers, ask about:
- Experience with both family and property law
- Approach to financial disclosure and timing
- Familiarity with estate planning and business ownership if applicable
- Ability to coordinate multi-state compliance, if one spouse resides elsewhere
A thoughtful attorney will ensure your prenup aligns with both Vermont law and your shared goals, creating a document that protects your marriage, not just your money.
Final thoughts on whether you need a lawyer for a valid prenup in Vermont
A Vermont prenuptial agreement is both a legal safeguard and a gesture of mutual respect. By clarifying expectations around finances, property, and support before marriage, you lay a foundation of trust and understanding. Vermont law gives couples the freedom to define their own terms. But with that freedom comes the duty to act in good faith, with fairness and full transparency. Having independent counsel is the surest way to meet those standards and to ensure your prenup stands the test of time. Marriage in Vermont is rooted in tradition. But the strongest unions blend that tradition with modern wisdom. Taking the time to talk about your financial future, openly and honestly, is one of the most loving things you can do before you say “I do.”
Greetings, I’m Mandy Spaulding, an experienced legal professional with a focus on corporate, consumer, landlord-tenant, debtor/creditor, and family/probate law. With a career spanning over two decades in both Massachusetts and Vermont, I bring a wealth of expertise and insight to every matter I handle.
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