Have you finally found your ranch hand or rodeo queen to walk down the aisle? Time to start thinking about a prenup! It’s smart to set the boundaries on solid legal ground before you get hitched. A prenup is a contract between two soon-to-be spouses outlining financial rights and obligations. Let’s blaze a trail through the Wyoming prenup laws to make sure your future’s as wide-open as the plains!
What laws govern a Wyoming prenup?
In Wyoming, prenups (or “antenuptial agreements,” as courts sometimes call them) don’t have their own dedicated statute. Wyoming handles prenups through a mix of contract law and case law. The state’s Supreme Court has made it clear that a prenup is just like any other contract, but with a little twist—it’s an agreement made in the name of love to spell out property rights before marriage.
Wyoming’s take on prenups is pretty straightforward. As the court put it in Lund v. Lund (1993), a prenup is “a contract entered into between two people in contemplation and consideration of marriage.” And, according to Laird v. Laird, 597 P.2d 463 (1979), these agreements are governed by the “same rules of construction” as any other contract. In other words, they’re just contracts with a romantic subplot! What does this mean exactly? In short, having a clear, well-written prenup will make it easier for the court to apply it as you intend.
What happens in Wyoming without a prenup?
Wyoming follows “equitable property” principles for dividing property during a divorce. This means without a prenup, the court aims for fair division, but not necessarily 50/50. (Wyo. Stat. § 20-2-114). In making its decision, the court looks at factors like:
- Fairness: The court strives for an equitable outcome.
- Merits of each spouse: Factors such as the marriage’s length and each person’s role and contributions to the marriage.
- How the property was acquired: While the source of the property is considered, it doesn’t guarantee ownership in a divorce.
- Post-divorce conditions: The court weighs each spouse’s financial situation after the divorce, including any debts or burdens.
There are no “hard and fast rules governing property division,” and courts have considerable discretion in giving particular weight to any of the factors. (Morrison v. Hinson-Morrison, 555 P.3d 944, 958-59 (Wyo. 2024)). For example, in Malli v. Malli, the ex-husband challenged the court’s property distribution, where the court awarded his ex-wife a parcel of land that he had received from his parents. The court emphasized that the source of property is not dispositive, but rather, judges have the flexibility to determine fairness based on each unique situation.
So, instead of leaving the division of your assets up to the discretion of the court, creating a prenup will ensure the division of assets is aligned with your wishes!
What makes a prenup valid and enforceable in Wyoming?
Okay, so now that we’ve convinced you that a prenup is the way to go, your next question is probably, “How do I know it will be enforced?” Let’s get into it! Because there is no statute governing prenups, Wyoming contract and case law have detailed the requirements a prenup must meet for it to be legally binding and enforceable under the law.
For a Wyoming prenup to be legally binding, it should:
- Be in writing and signed by both parties
- Include full financial disclosure by each party
- Be clear, unambiguous, and fair
- Be entered into voluntarily, without coercion or fraud
Wyo. Stat. § 1-23-105; Laird v. Laird, 597 P.2d 463 (Wyo. 1979).
Sounds easy enough, right? Let’s look at a few examples to better understand how the court evaluates prenup disputes.
Prenup case law in Wyoming
Laird v. Laird, 597 P.2d 463 (Wyo. 1979):
In the seminal Wyoming case, Laird v. Laird, the court considered the validity of a challenged prenup during a divorce case. Before their marriage, the wife’s attorney prepared a prenup that released all claims and rights to each other’s property acquired before and during their marriage. When the couple divorced, the husband challenged the prenup ,arguing deceit and overreaching based on his misunderstanding of the purpose of the prenup.
The court ruled in favor of the wife, finding the prenup was clear and unambiguous, and there was no evidence indicating the husband was pressured, unable to understand, or was denied an opportunity to read the prenup before signing it. The court emphasized when a party is competent, it will not invalidate a contract when a party fails to fully read and understand the agreement before signing it.
The bottom line? This case highlights the importance of both parties’ entering the agreement willingly and fully understanding the agreement before signing, the overall fairness of the agreement, and the role of legal counsel.
Lund v. Lund, 849 P.2d 731 (Wyo. 1993):
In this case, the Lunds wisely set up a prenup before they got married, as there was a large wealth disparity between the two. They hired a lawyer to draft the agreement to meet both of their needs, and as life brought changes, they modified it together. The court held that the original prenup and their amended prenup were both clear and unambiguous, and fully enforceable, emphasizing that couples are entitled to have their agreements enforced when they are valid.
Takeaway? This case underscores the importance of clarity in drafting prenuptial agreements and maintaining consistent documentation if amendments are made.
Morrison v. Hinson-Morrison, 555 P.3d 944 (Wyo., 2024):
In the more recent case, the court in Morrison v. Hinson-Morrison addressed a dispute regarding the interpretation of a prenup in a divorce proceeding. The Morrisons agreed to a prenup, which stated that in the event of a divorce, both parties would retain their individual assets owned before the marriage and permitted each party to transfer or gift property to the other. After the lower court’s division of property according to the prenup and § 20-2-114, the husband challenged the lower court’s interpretation and application of the prenup.
He claimed the court’s ruling that payments he made to his wife throughout the marriage were considered spousal gifts wasn’t accurate, but rather their assets were simply commingled. His main argument was that because the prenup did not account for what would happen if their assets became commingled, the court should have either inferred a commingling provision or divided everything according to the statute. The Wyoming Supreme Court disagreed, holding that courts will not write terms into the agreement that do not exist, and affirmed the lower court’s decision that the prenup was clear and unambiguous and applied correctly.
Moral of the story? This case again underscores the importance of clear and precise language and reiterates that Wyoming courts will generally enforce such agreements as written.
Do I need an attorney for a Wyoming prenup?
No, not necessarily. A Wyoming prenup’s validity is not determined based on whether a couple retains attorneys or not. As the Court in Laird v. Laird (1979) explained, people need to read contracts and are responsible for understanding them. If you want to hire an attorney to help you understand it, then that’s your choice, but it’s not a requirement. However, retaining separate attorneys for independent legal advice is generally recommended to give your prenup the added support should it ever be challenged one day. A court may also consider whether or not you had a lawyer as one of the factors it considers when analyzing the voluntariness of the agreement.
Do I need to notarize a Wyoming prenup?
No, Wyoming does not require notarizing your prenup. But many attorneys recommend you do! Notarization involves a notary public watching you and your partner sign the agreement, and then they also sign and attach their seal to the document. This adds an extra layer of security to your prenup by helping to deter future arguments that either spouse didn’t sign the agreement or there was fraud in inducing one party to sign. It’s a cheap and simple way to help protect your prenup!
Bottom Line on Wyoming prenuptial agreements
Creating an enforceable prenup in Wyoming is relatively straightforward! So rather than leaving it up to the court to decide how to divvy up your assets, you and your partner can establish your own terms in advance. With a well-crafted prenup, you can rest easy knowing you’re headed down the aisle on solid legal ground. Just make sure to follow the laws laid out by Wyoming, and you’ll be well on your way to an enforceable agreement. Happy planning!
Jess Perillo is a legal intern at HelloPrenup, and is currently a third-year student at Suffolk University Law School. She is an Article Editor on Suffolk Law Review, and is especially interested in legal research and writing. Jess is passionate about exploring the ways technology can help close the justice gap and make legal services more accessible.
0 Comments