New hampshire prenuptial 2025

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New Hampshire is an equitable distribution state, which divides property based on a judges determination of whats fair under the circumstances of each case. Community property states, on the other hand, allocate property between spouses as close to 50-50 as possible.
Adultery is what is called a fault ground for divorce in New Hampshire. The person who had the affair with the husband or wife is also part of a divorce proceeding and is called a co-respondent in legal terms.
This topic usually comes up at the Law Library when people ask us if New Hampshire is a community property state, referring to the division, or distribution, of property in divorces. The answer is, no, it isnt: New Hampshire is an equitable division state.
What is the loophole in a prenup? When written by a professional divorce attorney, premarital agreements should not have a loophole. However, loopholes can be created if there is not a complete disclosure of the parties assets.
The state of New Hampshire does abide by prenuptial agreement when the court believes that they are fair and entered into without being coerced.
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New Hampshire law requires that all divorce decrees include an equitable division of property. Equitable means fair, and courts will start off with the idea that fair means even. If you want some division that is not 50/50, then you will need to explain to the judge why your request is fair.

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