Everything engaged couples need to know about making a prenuptial agreement valid and enforceable in Vermont — in plain English, reviewed by attorney James Sexton, Esq.
Yes — prenuptial agreements are legal and enforceable in Vermont, governed by Vermont Supreme Court case law rather than a statute.
Vermont is one of the few states that never adopted the Uniform Premarital Agreement Act, so there is no prenup statute to point to. Instead, the rules come from Vermont Supreme Court decisions — chiefly Bassler v. Bassler, 593 A.2d 82 (Vt. 1991) and Stalb v. Stalb, 719 A.2d 421 (Vt. 1998). Under that case law, a written, signed premarital agreement is enforced like a contract if it was entered voluntarily, after fair and reasonable disclosure of each party's finances, and its terms were not unconscionable. The prenup matters more in Vermont than in most states, because Vermont's divorce statute (15 V.S.A. § 751) puts all property owned by either spouse — including premarital assets and inheritances — on the table for division.
A Vermont prenup is enforceable when it is in writing, signed voluntarily after fair and reasonable financial disclosure, and its terms are not unconscionable.
The agreement must be a written document signed by both spouses-to-be. Vermont courts will not enforce an oral premarital agreement.
Each party must give the other a fair and reasonable picture of their assets, income, and debts before signing. Concealing finances is one of the surest ways to lose a Vermont prenup.
Both parties must sign freely, without coercion or last-minute wedding pressure. Signing well before the ceremony makes a later duress claim hard to sustain.
Under Bassler, an agreement that strips one spouse of everything — especially one that pushes a spouse onto public assistance — will not be enforced. Reasonable terms are what survive.
| Governing statute | No statute — Vermont case law (Bassler v. Bassler, 593 A.2d 82 (Vt. 1991); Stalb v. Stalb, 719 A.2d 421 (Vt. 1998)) |
|---|---|
| Property division | Equitable distribution |
| Notarization | Recommended (not required by statute) |
| Waiting period | None required — but sign well before the wedding |
| Spousal support | Waivers allowed, but not enforced if a spouse would be left destitute |
See how Vermont's signing formalities compare in our prenup notarization requirements by state guide.
Vermont courts set prenups aside when finances were hidden, the signing was pressured, or the terms would leave one spouse impoverished.
Because Vermont's rules are judge-made, courts look hard at how the agreement was reached and what it actually does. Bassler is the cautionary tale: the Vermont Supreme Court refused to enforce an agreement that gave the wife no share of the husband's property while she was receiving public assistance. A Vermont prenup built on honest disclosure, unhurried signing, and terms a judge would call fair is exactly the kind that gets enforced.
Trusted Prenup creates a state-specific Vermont prenuptial agreement online — built to meet the requirements above and designed by James Sexton, Esq. A traditional attorney typically costs $2,500–$10,000; this is a flat $599.
A guided questionnaire captures your assets, debts, and wishes — most couples finish in under 90 minutes.
We assemble a complete prenup built to meet your state's exact legal requirements.
Review with your partner, then sign online with notarization handled for you.
A Vermont attorney-drafted prenup typically costs $2,000–$6,000 or more. Trusted Prenup creates a state-specific Vermont prenup online for a flat $599, with optional notarization and attorney-review add-ons.
No — Vermont law does not require notarization for a premarital agreement to be valid. It is still recommended, because a notarized signature is much harder to dispute later.
Yes. Under Bassler v. Bassler, a Vermont court can set a prenup aside if it was signed involuntarily, if finances weren't fairly disclosed, or if the terms are unconscionable — particularly if enforcement would leave a spouse destitute.
No. Vermont is an equitable-distribution state — and an unusually broad one. Under 15 V.S.A. § 751, courts can divide all property either spouse owns, including premarital assets and inheritances, which is exactly why a prenup is so useful in Vermont.
No. Vermont never adopted the UPAA. Prenups are governed entirely by Vermont Supreme Court case law, led by Bassler v. Bassler (1991) and Stalb v. Stalb (1998).
You can include maintenance terms, but Vermont courts won't enforce a waiver that leaves one spouse impoverished or on public assistance. Trusted Prenup's Vermont agreement is built to keep support terms within what Vermont courts actually enforce.
Yes — Vermont enforces properly executed prenuptial agreements regardless of how they were drafted. What matters is execution: a written agreement, voluntary signatures, full financial disclosure, and Vermont's signing formalities. The full picture is in are online prenups legally binding.
Trusted Prenup is not a law firm and does not provide legal advice. This guide is general information about Vermont law and not a substitute for advice from a licensed attorney about your situation.