Prenuptial Agreements in Vermont: The Bassler v. Bassler Test

You are planning a Vermont wedding, sorting out a venue and a guest list and a hundred small decisions, and somewhere in the mix the word "prenup" has come up. Maybe one of you owns a home in Burlington, or a small business, or expects an inheritance. Maybe you want to know where you would stand if things ever changed. Either way, the questions are practical: Is a prenup even valid here? What has to be in it? What does it cost, and how do you get one?

Vermont is a small state with a low divorce rate, 2.4 per 1,000 people in 2023 according to CDC/NCHS Stats of the States. Most Vermont marriages last. A prenup is a planning tool that lets you and your partner decide together how you would handle property and support, on your own terms, with full information and time to think. If you decide it is right for you, getting a Vermont prenup is more straightforward than most couples expect.

Are prenups valid in Vermont?

Yes. Vermont recognizes and enforces prenuptial agreements, which its courts call antenuptial agreements: a contract two people sign before marriage to set how property and support are handled if the marriage ends. What makes Vermont different from many states is where those rules live.

Vermont has no premarital agreement statute. It has not adopted the Uniform Premarital Agreement Act that many other states use. Instead, the enforceability standards come from the Vermont Supreme Court, chiefly its 1991 decision in Bassler v. Bassler. That case recognized antenuptial agreements as valid and laid out how a Vermont court decides whether to enforce one. A later case, Stalb v. Stalb (1998), confirmed Bassler as the controlling authority.

For you, this means Vermont's rules are judge-made, and they turn on how the agreement was created rather than on ticking off statutory boxes. If you want to see how Vermont compares with community property and other equitable distribution states, our state-by-state guide lays out the differences.

What makes a Vermont prenup enforceable?

Under Bassler v. Bassler, a Vermont court weighs a handful of things when someone challenges an agreement. It asks whether each partner made fair and reasonable financial disclosure, whether each entered the agreement voluntarily and freely, and whether the property terms are fair to each spouse. It also asks whether the agreement was unconscionable, meaning grossly unfair, at the time it was signed. The partner trying to throw out the agreement carries the burden of showing something was wrong.

Two of these matter most in practice: disclosure and timing.

Disclosure means each partner lays out what they own and what they owe before signing. An agreement built on hidden accounts or a vague picture of one partner's finances is the kind a court looks at hardest. Full disclosure protects both of you, because it removes the argument that anyone signed without knowing the facts. Our explainer on why full financial disclosure matters walks through what that looks like.

Timing is the other half. Vermont sets no waiting period, but how much time each partner had to read and think about the agreement is what a court examines first if it is ever challenged. An agreement produced days before the ceremony, when one partner feels cornered, is the fact pattern most likely to fail. Signing early, with time to review and ask questions, is what a well-built agreement looks like. A prenup grounded in full disclosure and signed with time to spare is built to pass.

How does Vermont divide property without a prenup?

If a Vermont couple divorces without a prenup, the court divides their property under 15 V.S.A. §751. This is where Vermont's most distinctive rule lives, and it surprises a lot of couples.

Vermont is an all-property state. Under §751, all property owned by either or both partners, however and whenever acquired, is subject to the court's jurisdiction. That includes property you brought into the marriage, property you inherited, and property you kept in your own name the whole time. Whose name is on the title does not settle the question. A court can reach any of it.

That is broader than what most people assume. In many states, assets you owned before marriage stay separate by default. Vermont starts from the position that everything is on the table, then divides it equitably. Equitable means fair, and "equitable" does not always mean "equal." A judge weighs a list of statutory factors and reaches a result that may or may not be a 50/50 split.

A prenup is how a couple decides this for themselves instead of leaving it to a judge and a list of factors. You can agree in advance that certain property stays with the partner who brought it in, or set out exactly how things divide. For a fuller picture of what state default rules decide when there is no agreement, see what happens if you don't have a prenup.

What can a Vermont prenup cover?

A Vermont prenup can address the things that matter most to you as a couple. That usually starts with property: what each partner brings into the marriage, how assets acquired during the marriage are treated, and how everything divides if the marriage ends. Given Vermont's all-property rule, this is where a prenup does its clearest work, because it lets you designate certain assets as one partner's separate property rather than leaving that to the court.

Debts belong in the conversation too. A prenup can set out who is responsible for debts each partner brings in, so a student loan or a business line of credit stays with the person who took it on. Couples often use a prenup to protect a business, a home, or an expected inheritance, and to spell out how income and shared purchases are handled.

There are limits. A prenup cannot decide child custody or child support in advance, because a court decides those based on the child's best interests at the time. And an agreement that would leave one spouse destitute, a public charge in the language of Vermont's cases, is the kind a court can decline to enforce. A well-drafted Vermont prenup works within those limits and is designed to keep your separate property separate.

How much does a prenup cost in Vermont?

Cost is where the routes diverge sharply. The traditional path means each partner hires their own attorney, because a lawyer generally represents one client, not a couple. Vermont family law attorneys publish rates in the range the Clio 2025 Legal Trends Report documents for the state, around $282 an hour across practice areas and about $301 an hour for family law, with published Rutland-area family law rates around $285 an hour. Add up the drafting, revisions, and back and forth between two attorneys, and a couple commonly spends $3,000 to $7,100.

An online Vermont prenup with First is $649 flat for the couple, with online notarization included. Here is the comparison side by side.

The gap comes down to how the work is priced, not to whether the agreement holds up. For more on what drives prenup pricing generally, see our guide on how much a prenup costs. No hourly rates, no paperwork runaround, no guesswork about the steps.

How do you get a prenup in Vermont?

Getting a prenup in Vermont follows a few clear steps, and none of them require a courthouse.

First, both partners gather their financial information: assets, debts, income, and anything either of you wants to address. This is the disclosure step, and it does double duty, because it satisfies the fairness standard a court cares about and it gets both of you looking at the same complete picture.

Second, you decide the terms together: what stays separate, how property divides, how debts are handled. Third, you put the agreement in writing and both sign it. Vermont does not require either partner to be represented by an attorney for a prenup to be valid, and it does not require the agreement to be notarized. Notarizing it is still worth doing, because a notarized signature is straightforward evidence that both partners signed, which is why online prenup services often include it.

Do this as early as you reasonably can. Because timing is what a Vermont court examines first if an agreement is challenged, signing well before the wedding is one of the strongest things you can do to build an enforceable agreement. An online process is built around exactly these steps: full disclosure, clear terms, time to review, and a signed, notarized document.

Frequently asked questions

Are prenups enforceable in Vermont?

Yes. Vermont enforces prenups, called antenuptial agreements, under rules set by its Supreme Court in Bassler v. Bassler. A court asks whether each partner disclosed their finances fairly, signed voluntarily, and agreed to property terms that are fair. An agreement built on full disclosure and signed with time to spare is built to pass.

Does Vermont require a lawyer for a prenup?

No. Vermont does not require either partner to be represented for a prenup to be valid. What a court looks at is whether both people signed freely and knew what the other had. Disclosure and timing are within your control, which is what an online process is built around.

Does a Vermont prenup have to be notarized?

No. Vermont does not require a prenup to be notarized to be valid. Notarizing it is still worth doing, because a notarized signature is straightforward evidence that both partners signed. Online prenup services often include notarization at no extra cost.

How much does a prenup cost in Vermont?

Hiring attorneys commonly runs $3,000 to $7,100 for the couple, since each partner needs their own and Rutland-area family lawyers publish rates around $285 an hour. An online Vermont prenup with First is $649 flat for the couple, with online notarization included.

When should we sign a prenup in Vermont?

As early as you reasonably can. Vermont sets no waiting period, but how much time each partner had to read and think about the agreement is what a court looks at first if it is ever challenged. An agreement produced days before the ceremony is the fact pattern most likely to fail.

Can I do a Vermont prenup online?

Yes. Nothing in Vermont law treats an agreement differently because of how it was produced. What matters is that it is in writing and signed, that both partners disclosed their finances fully, and that both signed freely. An online Vermont prenup that covers those steps is enforceable.

Getting started

If you are considering a prenup in Vermont, First offers a fully online way to complete one, with the disclosure and timing steps built into the process and online notarization included. Learn what it costs on our pricing page, then start when you and your partner are ready. You set the terms now, with full information and time to decide.

Methodology

These figures are drawn from CDC/NCHS Stats of the States for Vermont (2023 marriage and divorce rates) and from Vermont attorney hourly rates in the Clio 2025 Legal Trends Report ($282 all practice areas, $301 family law), plus published Rutland-area family law rates. Couple cost totals are computed by applying those hourly rates to the drafting, revision, and negotiation hours a two-attorney engagement typically requires.

Sources

First is not a law firm. The information and tools provided by First on this site are not legal advice and not a substitute for the advice of an attorney.