Prenuptial Agreement Attorneys in New Hampshire
Welcome to the “Granite State,” where the maple syrup flows like water and the mountains are as majestic as a moose in a bowtie! Nestled in the heart of New England, New Hampshire is more than just a pretty state; it’s a land of quaint towns, covered bridges, and a whole lot of “wicked good” vibes. But, today, we’re going to talk about prenups in the land of maple syrup and moose. Do you need a prenup attorney in N.H.? If so, how do you find one? What are the legal requirements for a prenup in N.H.? We cover all of these questions and more. So, grab a seat, snuggle up in your flannel, and get ready for a journey through New Hampshire prenups and prenup attorneys.
Do I even need a prenuptial agreement attorney in New Hampshire?
The answer is no. A prenup attorney is not technically required in order to form a valid and enforceable prenuptial agreement in N.H. However, the rule in the “Granite State” is, “the party presented with the prenuptial agreement [must have] an opportunity to seek independent advice and a reasonable time to reflect on the proposed terms.” In re Est. of Hollett, 150 N.H. 39 (2003). What does that mean? It means that both folks should be able to talk to a lawyer and take their time to really grasp what’s in the agreement, especially if one of them wasn’t part of making the prenup.
Another important tidbit to remember is you cannot share an attorney with your partner. You will each need your own (if you both decide to get an attorney, that is). But one attorney cannot effectively represent you both. Why? Because it would be like the attorney playing pickleball with themselves. Hitting the ball to one side, then sprinting over and trying to hit it back to themselves. It’s impossible. An attorney cannot zealously advocate for two opposing parties to a contract.
What are the benefits of hiring a prenup attorney in N.H.?
If you don’t technically need an attorney, why would anyone hire one? Aren’t they so expensive? Well, it’s true, attorneys aren’t usually cheap, however, they are beneficial for several reasons.
They answer your legal questions
If you have questions about the prenup process, how to invoke a prenup if you ever get a divorce, or anything in between, your lawyer has got you covered with answers. They will become your #1 go to resource for all things prenups.
They provide you with legal advice
You may be wondering what you should even put into your agreement. Or how to fill out your financial disclosure form. A lawyer is there to help. They can advise you on what to put into your agreement that meets your financial and life goals and they can make sure you fill out the agreement properly, including financial disclosure.
They draft your agreement
Of course, your prenup lawyer is going to draft your prenup. Or, if your partner’s attorney drafted the prenup, then your lawyer will redline it. Redlining a prenup simply means they will review it and make sure that the terms make sense for you, as well.
They negotiate on your behalf
If there are clauses that you and your partner cannot agree upon, then your lawyer and your partner’s lawyer can work that out between them, without you present. This can be helpful for some people who may find this part awkward or uncomfortable.
They make sure your agreement is state-compliant
Lawyers are good at many things, but they’re especially good at knowing the law. A good N.H. prenup lawyer knows the New Hampshire laws surrounding prenuptial agreements. They make sure your prenup meets all the requirements.
Where can I find a N.H. prenup attorney?
You can start by asking around. Ask friends, coworkers, neighbors, cousins, or anyone else you trust and respect. Your close network can provide valuable insights into a prenup attorney’s way of practicing so you can understand if they would be a good fit for you. I.e., how quickly they respond, their communication style, and their cost.
Another great way to find a prenup attorney is through the New Hampshire bar association. They offer a robust lawyer referral service where you can find a prenup attorney in your area that meets your needs. They even offer a phone call line where you can speak with someone directly!
There’s always Google–a good old fashioned internet search. You can try searching for things like “New Hampshire prenup attorney” or “family law attorney near me.” If you are going this route, don’t forget to check out the attorney’s client reviews to make sure they are reputable and have a great track record. Plus, you can learn a lot about an attorney through their reviews!
New Hampshire prenup legal requirements
Let’s talk about what goes into a prenuptial agreement in the state of New Hampshire. What makes a prenup valid and enforceable in the “Granite State?” Well, for starters, New Hampshire has a unique rule that most states don’t have, and that’s a timeline requirement for getting a prenup. The prenup needs to be executed at least 30 days before the wedding. Why? New Hampshire courts require, “a reasonable time to reflect on the proposed terms.” In re Est. of Hollett, 150 N.H. 39 (2003). In other words, people need to fully “digest” what they are signing and agreeing to.
Another analysis that a New Hampshire court takes when evaluating a prenup is the following:
“A prenuptial agreement is presumed valid unless the party seeking the invalidation of the agreement proves that: (1) the agreement was obtained through fraud, duress or mistake, or through misrepresentation or nondisclosure of a material fact; (2) the agreement is unconscionable; or (3) the facts and circumstances have so changed since the agreement was executed as to make the agreement unenforceable.” In re Est. of Hollett, 150 N.H. 39, 42 (2003).
In other words, the agreement must be signed voluntarily (not under some form of fraud), the agreement must not be unconscionable, and the facts of the couple’s situation must not have changed in a way to make the agreement egregiously unfair at the time of enforcement.
Don’t forget about the other basic formalities, such as putting the prenup in writing and making sure it is signed by both parties.
What will a N.H. prenup attorney cost vs. HelloPrenup?
We can’t give you an exact dollar amount on how much a prenup will cost you in New Hampshire because it is different for everyone. There is usually no flat rate for a prenup with a lawyer (unless you’re using HelloPrenup, of course). However, we can equip you with the tools you need to understand how much it may cost you for a prenup in N.H. For starters, the average prenup cost across all of the states is $2,500, at least according to Business Insider. Keep in mind, that’s just the average. That doesn’t take into account high lawyer fees, intricate finances, complex requests, and intensive negotiations.
HelloPrenup costs $599 per couple flat. That includes a dual-party questionnaire, where you walk through a bunch of questions that help curate your customized agreement. The HelloPrenup platform also offers tons of resources, so you’re able to understand some of the dense legal topics. Once you’re done with the questionnaire, you are able to negotiate any undecided terms with your partner. Then, all that’s left is to generate the agreement, sign & notarize it!
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Nicole Sheehey is the Head of Legal Content at HelloPrenup, and an Illinois licensed attorney. She has a wealth of knowledge and experience when it comes to prenuptial agreements. Nicole has Juris Doctor from John Marshall Law School. She has a deep understanding of the legal and financial implications of prenuptial agreements, and enjoys writing and collaborating with other attorneys on the nuances of the law. Nicole is passionate about helping couples locate the information they need when it comes to prenuptial agreements. You can reach Nicole here: [email protected]