Prenuptial Agreement Attorneys in Vermont

Don’t worry; we’re here to help! This article will provide everything you need to know about prenuptial agreement attorneys in Vermont, so you can make informed decisions about your future with your soon-to-be bride or groom.

Vermont law doesn’t strictly require that you have an attorney to create a valid prenuptial agreement. However, having an attorney can help your case if the prenup is ever challenged in court one day. 

There aren’t any reported court decisions in Vermont that explicitly talk about having an attorney for a prenup. However, there are some unreported Vermont cases that state that having legal representation can be a factor in determining the enforceability of a prenup. For instance, if one or both people did not have the opportunity to get a lawyer, the court takes that into consideration when evaluating the enforceability of the agreement. Seguin v. Brown, No. 23-AP-115, 2023 WL 7490253, at *3 (Vt. Nov. 13, 2023).

Start by asking friends, family, or trusted professionals for recommendations. For example, you can ask your accountant, therapist, or next-door neighbor if you know they have had a prenup attorney that they trusted.

You can also check the Vermont Bar Association’s referral program or attorney directory. You know that you’ll find a licensed Vermont attorney here and can trust that the Bar Association has ensured they are qualified. 

Don’t forget about Google! Online searches for “Vermont prenup attorney” or “Vermont family law attorney” can also be helpful. Remember, not all family law attorneys handle prenups, so be sure to confirm their experience in this area.

The requirements for a prenup in Vermont are outlined by case law (i.e., court decisions). Case law in Vermont outlines the following key requirements for a valid prenuptial agreement:

• It must be in writing and signed by both parties.
• Both parties must enter into the agreement voluntarily (no coercion or duress).
• Both parties must provide fair and reasonable disclosure of their financial situation. (No skimping!)
• There must not be any fraud related to the prenup terms or the creation of the agreement.
• The terms cannot be unconscionable (extremely unfair).
• The agreement cannot violate public policy or include terms about child support.

While notarization isn’t strictly required in Vermont, it’s a good practice to add an extra layer of protection. For the details on prenup requirements, see Bassler v. Bassler, 593 A.2d 82 (1991).

We spoke with a Vermont prenup attorney on how quickly you need to get your prenup done before walking down the aisle in Vermont. She told us:

“While it’s advisable to start the prenuptial agreement process as early as possible before the wedding, life happens, and sometimes things get done last minute. Ideally, couples in Vermont should have their prenup executed at least a few months before the wedding to ensure ample time for thoughtful discussion, negotiation, and legal review. However, even if you’re down to the wire, it’s never too late to protect yourself and your assets. Having these conversations early on can set a positive tone for transparency and trust in your marriage, showing that you’re both committed to planning a secure future together.” – Mandy Spaulding, Vermont Prenuptial Agreement Attorney. 

Bottom line? Get your prenup done a month or two in advance, if possible. If not, getting a prenup at any point is still better than no prenup!

A prenup lawyer serves as your legal advocate throughout the prenup process. They provide legal guidance, ensuring you understand the implications and your rights. They’ll meticulously draft the agreement, addressing important topics like property division to be tailored to your specific needs. 

In addition, they’ll negotiate on your behalf, striving for a fair and balanced agreement that protects your interests. For example, if you and your partner cannot decide on how to divide property, your lawyer will work with your partner’s attorney to come to a fair agreement. 

Finally, your attorney will thoroughly review the final agreement with you, ensuring you understand every last line of the agreement. After all, you need to know what you’re signing. 

The cost of hiring a prenuptial agreement lawyer in Vermont can vary significantly depending on several factors. For instance, the complexity of your financial situation, the extent of assets and debts involved, and the level of negotiation required can all influence the final cost of your prenup. Additionally, the attorney’s experience and reputation that you hire will also impact their hourly rates.

Let’s use an example to demonstrate the potential cost of a Vermont prenup lawyer. 

The average hourly rate for a Vermont family law attorney is around $279; a straightforward prenuptial agreement might require approximately 12 hours of work, including consultations, drafting, negotiation, and finalization. The result? 12 hours x $279 per hour comes out to $3,348. And this is just the cost for one spouse. The other spouse still needs to hire their own attorney. (No, you can’t share attorneys; it’s a conflict of interest). 

As you can see, when you are budgeting out for a prenup, it’s important to consider the potential costs for both parties. Be sure to discuss fees and payment structures with potential attorneys during your initial consultations (is it hourly? Is it a flat fee?). A transparent attorney will provide a clear estimate and outline any additional costs you might incur throughout the process.