In this section, you will find information on:
Marriages in New Hampshire are governed by RSA 457. All persons wishing to be married in New Hampshire must complete a Marriage License application with any City or Town Clerk regardless of their place of residence. This includes out-of-state residents. Once the marriage license is issued, the couple is free to marry within any city or town in the State of New Hampshire. Both individuals must be present to obtain the license and both must bring the following relevant identification and documents (unless one of the parties is in the military and unable to return to New Hampshire before the ceremony):
If one of the parties is under the age of 18, contact the city or town clerk for information on obtaining parental consent or a judicial waiver. |
In New Hampshire, common law (or “non-ceremonial”) marriage is recognized only to the limited extent provided by RSA 457:39. The statute uses the phrase “cohabitation” not “common law marriage” so it may be difficult to find with a keyword search. Follow the link below to read the statute. 457:39 Cohabitation, etc. – Persons cohabiting and acknowledging each other as husband and wife, and generally reputed to be such, for the period of 3 years, and until the decease of one of them, shall thereafter be deemed to have been legally married. Source: New Hampshire Law Library |
When you marry in New Hampshire (or anywhere), there are certain rights and responsibilities that are imposed upon you and your spouse by law. Those legal obligations are, in effect, default provisions in the event you and your intended have not provided otherwise by agreement. Instead of having your marital rights and responsibilities determined by the State according to laws passed by the State Legislature that apply to everyone, couples entering into marriage may instead determine their rights and responsibilities in an agreement written by them. Such prenuptial agreements may address almost any matter the parties wish, other than their rights and obligations with regard to children. Most prenuptial agreements deal with the major financial issues involved in marriage, including rights with regard to property, income and support. Prenuptial agreements provide a means for parties to tailor their financial future to fit their specific wishes as to how assets and income should be treated in a marriage. In the absence of such an agreement, the laws of the State of New Hampshire will determine the parties rights in Divorce Court or Probate Court. Source: David DePuy, McLane Middleton |
The New Hampshire Supreme Court, in a landmark decision (In Re: Estate of Richard B. Wilber), has confirmed that agreements made between spouses after marriage are valid and enforceable in New Hampshire. The questionable validity of agreements determining rights of each spouse in property of the other upon death or divorce has now been laid to rest. The Court in the Wilber case followed the trend of other states which recognize such agreements, finding that they are, in essence, subject to the same requirements as agreements entered into by parties prior to marriage, so-called prenuptial agreements. The cornerstone to the enforceability of such agreements is fairness. Because there is a fiduciary relationship between husband and wife, the parties to a post-marital agreement must be honest and open and act in good faith in all matters relating to the agreement “with fairness being the ultimate measure.” [See more, including when to use a prenupt and the link to the Wilber decision]. Source: David DePuy, McLane Middleton |