Wyoming Prenuptial Agreement

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Combs v. Sherry-Combs, 865 P.2d 50 (Wyo. 1993)

‍A "Three-Year Renewable Marriage Contract" signed almost two months after the wedding was held not to be a prenuptial agreement and was unenforceable as a postnuptial agreement for lack of separate consideration, with its custody and divorce-by-termination provisions also void as against public policy.

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Bradley v. Bradley, 118 P.3d 984 (Wyo. 2005)

‍The Wyoming Supreme Court reversed a default divorce decree that had enforced a prenup and its adultery-forfeiture amendment (originally requiring husband to pay wife $100,000 plus $10,000/month for two years) because wife was denied due process when neither the prenup, the amendment, nor the proposed decree was served on her.

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Bradley v. Bradley, 164 P.3d 117 (Wyo. 2007)‍

On remand, a postmarital amendment to the same prenup was held unenforceable because the prenup's Minnesota choice-of-law clause governed amendments, and the amendment failed Minnesota's statutory formalities (two witnesses or notary).

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Laird v. Laird, 597 P.2d 463 (Wyo. 1979)

‍Foundational Wyoming case enforcing a prenup against a husband who claimed he signed without reading and was misled about its scope, holding that prenups are governed by the same rules of construction as other contracts and that a competent party's failure to read does not invalidate a contract absent fraud, duress, or denial of opportunity to read.

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Lund v. Lund, 849 P.2d 731 (Wyo. 1993)

‍Reversing a trial court that had ignored an antenuptial agreement and its $1 million amendment to award only $300,000, the Wyoming Supreme Court held that trial courts must enforce antenuptial agreements unless the record contains a "cogent rationale" for refusing to do so.

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Barton v. Barton, 996 P.2d 1 (Wyo. 2000)‍

Affirmed application of a 1986 prenup that retained each spouse's separate property but permitted gifts, holding that a 31-acre parcel husband purchased with inherited funds but titled in wife's name was presumed gifted to her under the prenup's gift exception, with the presumption unrebutted on the record.

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Seherr-Thoss v. Seherr-Thoss, 141 P.3d 705 (Wyo. 2006)

‍Enforced a prenup's spousal-support waiver and separate-property provisions despite husband's complete failure to make the contractually required $10,000 annual payments to wife, holding that partial breach does not void a prenup, independent counsel is not required, and the gift presumption arising from joint titling can be rebutted.

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Morrison v. Hinson-Morrison, 555 P.3d 944 (Wyo. 2024)

‍After a 15-year marriage during which husband formed three oil and gas companies and made substantial financial contributions to wife's separately-held businesses and properties, the court enforced the prenup as written and treated those contributions as spousal gifts, refusing to read in a commingling-reimbursement provision the parties had not drafted.

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1. Are prenups enforceable in Wyoming?

Yes. Wyoming courts have enforced prenuptial agreements (called "antenuptial agreements") since Laird v. Laird, 597 P.2d 463 (Wyo. 1979), and the rule has been reaffirmed in every challenge — most recently in Morrison v. Hinson-Morrison, 555 P.3d 944 (Wyo. 2024). Prenups are construed under ordinary contract rules, and trial courts must enforce them unless the record contains a "cogent rationale" for refusing (Lund v. Lund, 849 P.2d 731 (Wyo. 1993)). In practice, Wyoming is one of the more pro-enforcement states: no heightened fairness review, no implied terms, and no statute enabling second-look review at divorce. The challenger bears the burden of proving involuntariness or unconscionability.

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2. Does Wyoming follow the Uniform Premarital Agreement Act (UPAA)?

No. Per the Uniform Law Commission, Wyoming is one of 22 states that have not adopted the UPAA (1983) or the UPMAA (2012). Wyoming has no prenup-specific statute; the only on-point statute is the Statute of Frauds, Wyo. Stat. § 1-23-105(a)(iii), which requires the agreement to be in writing. Enforcement is governed entirely by Supreme Court case law: Laird (1979), Lund (1993), Seherr-Thoss (2006), and Morrison (2024). Some online prenup services incorrectly cite "Wyo. Stat. § 20-3-101 to -111" — that statute does not exist. Wyoming Title 20 has no chapter governing premarital agreements.

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3. How much does a prenuptial agreement cost in Wyoming?

A traditional attorney-drafted prenup runs $5,000–$20,000+ for the couple combined, since each party should retain separate counsel. The main cost drivers are asset complexity (ranch land, mineral rights, business valuations), negotiation rounds, and whether appraisals are needed. Online services like HelloPrenup or PerfectPrenup cost a few hundred dollars per couple, with optional attorney review at $500–$1,500 per party. Wyoming has only about 3 prenup-focused attorneys statewide (per Avvo), so Jackson, Cheyenne, and Casper attorneys who handle these regularly tend to bill at the higher end.

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4. Do I need a lawyer for a prenup in Wyoming?

No. Seherr-Thoss v. Seherr-Thoss, 141 P.3d 705 (Wyo. 2006), expressly held that independent counsel is not required for enforceability. However, separate attorneys for each party dramatically strengthen the agreement against a voluntariness challenge — the most common attack vector in Wyoming case law. If only one spouse has counsel, the other spouse's later claim of "I didn't understand what I was signing" becomes far harder to defeat. At minimum, each party should have the opportunity to consult independent counsel and enough time to do so.

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5. Can a prenup waive alimony in Wyoming?

Yes — and Wyoming is arguably the most permissive state in the country on this point. Seherr-Thoss (2006) enforced a complete spousal-support waiver. Wyoming has not adopted a public-assistance floor, durational ceiling, or hardship carve-out by statute or case law. General contract unconscionability doctrine still applies, so a waiver that would leave a spouse destitute after a decades-long marriage carries some risk. But no Wyoming court has ever struck an alimony waiver in a prenup. Draft carefully: specify that the waiver is mutual, that both parties understand they are giving up potential support, and that each had the opportunity to consult counsel.

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6. When should I sign a prenup in Wyoming?

There is no statutory minimum waiting period. Best practice: sign 60+ days before the wedding, with both parties given at least two weeks to review the final draft. Combs v. Sherry-Combs, 865 P.2d 50 (Wyo. 1993), invalidated a document signed approximately seven weeks after the wedding as a postnuptial agreement — reinforcing that execution must occur before the ceremony. We recommend reaching out to an attorney 4–6 months before the wedding with your draft. Better yet, sign the prenup before proposing: both parties negotiate without the emotional pressure of a set wedding date, and you know this is the right person to marry.

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7. Does a Wyoming prenup need to be notarized?

No, but notarization is universal practice. Wyoming statute requires only that the agreement be in writing and signed by both parties (Wyo. Stat. § 1-23-105(a)(iii)). Witnesses are not required by Wyoming law either. Notarization is strongly recommended because it forecloses signature-authenticity challenges — one of the cheapest ways to eliminate a potential attack vector. If your prenup contains a non-Wyoming choice-of-law clause, check that state's execution requirements too; Bradley v. Bradley, 164 P.3d 117 (Wyo. 2007), invalidated a Wyoming amendment that failed Minnesota's two-witness-and-notary formality.

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8. Why is a prenup more important in Wyoming than in most states?

Wyoming is an "all-property" (hotchpot) equitable distribution state under Wyo. Stat. § 20-2-114. Courts can divide any asset owned by either spouse — including property acquired before marriage, inherited property, and gifts — based on what a judge considers "just and equitable." Most equitable-distribution states shield premarital and inherited assets by default; Wyoming does not. Without a prenup, a judge in Cheyenne, Casper, or Laramie has broad discretion over everything you own. A valid prenuptial agreement overrides this default framework and lets you define what stays separate, what is shared, and how assets are divided.

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9. Can a prenup protect ranch land, mineral rights, and oil and gas interests in Wyoming?

Yes, and this is one of the most common reasons Wyoming couples seek prenups. Ranch land, severed mineral rights, grazing leases, and oil and gas royalties can all be classified as separate property in a prenuptial agreement. The critical drafting issue is commingling: Morrison v. Hinson-Morrison, 555 P.3d 944 (Wyo. 2024), held that courts will not read in a commingling-reimbursement provision the parties did not draft. If your spouse contributes labor or funds to ranch operations or mineral development during the marriage, and the prenup is silent on commingling, those contributions may be treated as gifts with no right of reimbursement. Address commingling, appreciation, royalty income, and working interests expressly.

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10. How do I challenge or invalidate a prenup in Wyoming?

The challenger bears the burden of proving either (1) involuntary execution — by fraud, duress, or denial of opportunity to read — or (2) unconscionability under general contract doctrine. Failure to read the agreement is not a defense for a competent adult (Laird, 1979). Successful challenges in Wyoming have turned on procedural defects, not substantive unfairness: due-process violations when documents were never served (Bradley I, 2005) and a postnuptial amendment that failed the chosen state's execution formalities (Bradley II, 2007). No Wyoming court has invalidated a prenup solely because the terms were one-sided. Asymmetric counsel, compressed timelines, and inadequate financial disclosure remain the primary risk factors.

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11. Can a Wyoming prenup be modified after marriage?

Yes, but with care. A post-marital amendment is a postnuptial agreement and requires separate consideration beyond the marriage itself (Combs, 1993). The amendment must satisfy the same formalities as the original — and if the prenup contains a non-Wyoming choice-of-law clause, the amendment must satisfy that state's formalities too. Bradley v. Bradley, 164 P.3d 117 (Wyo. 2007), invalidated a Wyoming amendment for failing Minnesota's statutory formalities. Put amendments in writing, have both parties sign with full disclosure, and confirm compliance with any choice-of-law clause in the original agreement.

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12. Will a prenup signed in another state be enforced in Wyoming?

Generally yes, if it was valid where signed and does not violate Wyoming public policy. Most prenuptial agreements include a choice-of-law clause designating the governing state, and Wyoming courts enforce those clauses — including for amendments (Bradley II, 2007). If you are moving to Wyoming, have your existing prenup reviewed by Wyoming counsel. Key issues to check: whether child-related clauses are severable (Wyoming will not enforce child custody or support terms), whether any spousal-support waiver translates cleanly under Wyoming's permissive framework, and whether the disclosure standard in the originating state meets Wyoming's meaningful-access-to-information threshold.

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13. Can a prenup cover child custody or child support in Wyoming?

No. Child custody and support provisions are unenforceable in a Wyoming prenuptial agreement and could undermine the entire document. Courts decide custody and support at divorce based on the child's best interests, regardless of what the parents agreed. Combs v. Sherry-Combs, 865 P.2d 50 (Wyo. 1993), held that contractual custody-by-gender and divorce-by-termination provisions were void as against public policy. If your prenup contains child-related clauses, make sure they are drafted as severable so a court can strike them without invalidating the rest of the agreement.

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14. What happens to property in a Wyoming divorce without a prenup?

Wyoming is one of approximately 10 "all-property" equitable distribution states under Wyo. Stat. § 20-2-114. Without a prenup, courts can divide any asset owned by either spouse — including assets acquired before marriage, inherited property, and gifts — based on the "respective merits of the parties," the condition each will be left in post-divorce, and how the property was acquired. This means your family ranch, mineral rights, premarital savings, and business equity are all on the table. The division need not be equal; a judge has broad discretion to award 60/40, 70/30, or any split deemed "just and equitable." A prenup overrides this default and substitutes the terms you and your spouse agreed to.