Vermont Prenuptial Agreement Laws: The Bassler Test Explained (2026)

Vermont courts enforce prenuptial agreements in a divorce under a four-part test from court decisions, not under a premarital agreement statute, although a separate statute, 14 V.S.A. § 323, governs waivers of a spouse's inheritance rights. The Title 15 chapters do not include a premarital agreement act, and the Vermont Supreme Court applies the test from Bassler v. Bassler, 156 Vt. 353 (1991), which it applied again in Wakefield v. Wakefield, 2026 VT 34, decided July 17, 2026 (the slip opinion is still subject to motions for reargument and formal revision).

Information last verified on 2026-10-10. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers how Vermont courts treat premarital (prenuptial) agreements under Bassler v. Bassler, Wakefield v. Wakefield and Gade v. Gade, with 15 V.S.A. § 751 for the default property rules, 14 V.S.A. § 323 for waivers of spousal rights at death, and 12 V.S.A. § 181 (statute of frauds). It does not cover how to amend or revoke an agreement, filing deadlines, or the law of other states. For how Vermont divides property without an agreement, see Vermont divorce laws.

Are prenuptial agreements enforceable in Vermont?

Yes, if they pass the test the Vermont Supreme Court applies. Vermont's Title 15 is organized into chapters on civil marriage, the rights of married women, desertion and support, annulment and divorce, and other topics, and none of those chapters is a premarital agreement act. The rules for enforcing a prenup in a divorce come from case law instead.

Wakefield v. Wakefield, 2026 VT 34, explains that contract interpretation principles apply to these agreements.

The four-part Bassler test

The current statement of the test is in Wakefield at ¶ 15, quoting Lacroix v. Rysz, 2025 VT 16, which in turn quoted Bassler, 156 Vt. at 361:

"a premarital agreement is enforceable if, at the time of formation: (1) each spouse has made fair and reasonable disclosure to the other of [the spouse's] financial status, (2) each spouse has entered into the agreement voluntarily and freely, (3) the substantive provisions of the agreement dividing the property upon divorce are fair to each spouse, and (4) the agreement is not 'unconscionable.'"

In plain terms, a court looks at four things:

All four are judged "at the time of formation," meaning when the agreement was signed. Wakefield confirms that unconscionability is measured at formation (¶¶ 15-16).

What can make a Vermont prenup unenforceable

Failing any of the four elements can defeat an agreement. Bassler adds a separate public-policy limit, assessed at the time of divorce rather than at signing: "where, at the time of the divorce, an antenuptial agreement leaves one spouse a public charge, or close to it, the agreement may be unenforceable as against public policy." In Bassler the court found the agreement unenforceable where the wife was on public assistance and the husband was well-off.

The Vermont Supreme Court has also said what is not enough. Citing Lacroix, the Wakefield opinion (¶ 22) explains that an agreement is not unenforceable merely because it leaves the parties where they started, or because its terms diverge from the factors a court would weigh under 15 V.S.A. § 751, as long as the agreement does not leave either party a public charge.

Wakefield itself shows the test in action. The Court reversed the family division and held that a clause leaving the husband his premarital farmhouse was not unconscionable at formation and had not been constructively abandoned.

Waivers of inheritance rights

Under 14 V.S.A. § 323, a spouse may, before or during the marriage, waive the elective share, a homestead or other allowance, and other spousal rights in property "by a written instrument signed by the waiving spouse." The waiver is presumed valid unless the person challenging it shows that it was not voluntary or was the product of fraud, duress or coercion; that it was unconscionable when signed, or is unconscionable in its application because of a later material change in circumstances that arose through no fault or action of the challenger; that the waiving spouse was not given fair and reasonable disclosure of the other spouse's property and financial obligations; or that "before signing the waiver, the waiving spouse did not have an opportunity for meaningful access to independent counsel."

Spousal support and children

In Lacroix v. Rysz, 2025 VT 16, ¶ 14, the Court held that the family division misapplied the Bassler test when it found an agreement unconscionable because it barred the wife from any significant property award or spousal maintenance. The most relevant limit discussed here is Bassler's public-charge rule: an agreement that leaves a spouse a public charge, or close to it, at divorce may be unenforceable. For how maintenance is set without an agreement, see Vermont alimony laws.

On children, Gade v. Gade, 2025 VT 68, ¶ 17, quotes Padova v. Padova, 123 Vt. 125, 129 (1962), for the principle that courts "will override their provisions only to enforce duties imposed by law sought to be avoided by contract, or, in particular, to protect the interests of children involved." That is a general statement about marital agreements. This page does not cover a specific Vermont rule on child-support or custody terms in a prenup.

Formalities, changes and deadlines

Because the Title 15 chapters do not include a premarital agreement act, the Bassler line of cases is where the enforceability standards come from. Vermont's statute of frauds, 12 V.S.A. § 181(3), bars an action on "an agreement made in consideration of civil marriage" unless the agreement, or a memorandum or note of it, is in writing and signed by the party to be charged. This page does not cover how a Vermont prenup is amended or revoked or what filing deadlines apply to a challenge. Ask a Vermont family lawyer about those points.

A lawyer licensed in Vermont can draft or review an agreement for either party. The four-part Bassler test quoted above does not list independent counsel as one of its elements, but 14 V.S.A. § 323 makes the lack of an opportunity for meaningful access to independent counsel a ground for challenging a waiver of spousal rights at death.

Postnuptial agreements in Vermont

Spouses can also make agreements during the marriage. In Gade (¶ 19 and footnote 2), the Court said it saw no reason to distinguish a postnuptial agreement from a premarital one for the jurisdictional question in that case, because both were made in contemplation of divorce. Under 14 V.S.A. § 323, a spouse may also waive spousal rights at death during the marriage. This page does not cover the test Vermont courts apply to decide whether a postnuptial agreement is enforceable.

Where prenup disputes are decided

Gade (¶¶ 15-16) explains that the family division has jurisdiction over the enforceability and interpretation of premarital agreements within a divorce, including claims that a spouse breached the agreement's property provisions.

Vermont's default property rule

Without an enforceable agreement, 15 V.S.A. § 751(a) controls: "the court shall settle the rights of the parties to their property by including in its judgment provisions which equitably divide and assign the property. All property owned by either or both of the parties, however and whenever acquired, shall be subject to the jurisdiction of the court." That broad reach is one reason couples in Vermont consider a prenup. See Vermont divorce laws for how equitable division works.

Disclaimer: This article provides general legal information about Vermont case law on premarital agreements and 15 V.S.A. § 751. It is not legal advice, and it is not a template or drafting guide. The information was last verified on 2026-10-10. For advice about a specific agreement, consult a lawyer licensed in Vermont.

Related

• Prenuptial agreement laws in every state
• Vermont divorce laws
• Vermont alimony laws
• Vermont child support laws

Last updated: 2026-10-10.

Frequently Asked Questions

Does Vermont have a premarital agreement act?

The Title 15 chapters do not include one. Vermont courts decide enforceability under the four-part test from Bassler v. Bassler, 156 Vt. 353 (1991), applied in Wakefield v. Wakefield, 2026 VT 34. A separate statute, 14 V.S.A. § 323, governs a written waiver of a spouse's elective share, homestead and other spousal rights at death.

What makes a prenup valid in Vermont?

At signing, each spouse must have made fair and reasonable financial disclosure, signed voluntarily and freely, the property terms must be fair to each spouse, and the agreement must not be unconscionable (Wakefield, ¶ 15).

Can a Vermont prenup be thrown out if it leaves a spouse with nothing?

Bassler held that an agreement leaving one spouse a public charge, or close to it, at the time of divorce may be unenforceable as against public policy. Otherwise, an agreement is not unenforceable merely because it leaves the parties where they started (Wakefield, citing Lacroix v. Rysz).

Can a prenup decide child support in Vermont?

Gade v. Gade, 2025 VT 68, quotes the principle that courts will override marital agreements to protect the interests of children involved. This page does not cover a specific Vermont rule on child-support terms.

Are postnuptial agreements enforceable in Vermont?

Gade v. Gade, 2025 VT 68, treated postnuptial and premarital agreements alike for the family division's jurisdiction, and 14 V.S.A. § 323 allows a written waiver of spousal rights at death during the marriage. This page does not cover the enforceability test for a postnuptial agreement.

How does Vermont divide property without a prenup?

15 V.S.A. § 751(a) directs the court to divide property equitably, and all property owned by either or both spouses, however and whenever acquired, is subject to the court's jurisdiction.