Marriage Agreements

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What is marriage agreements?

A marriage agreement, also known as a prenuptial agreement or a prenup, is a legal document that outlines how a couple's assets, debts, and other financial matters will be divided in the event of a divorce or separation. It is a way for couples to protect their individual interests and clarify their financial responsibilities.

What are the types of marriage agreements?

There are three main types of marriage agreements: 1) Prenuptial Agreement: This is a contract created before marriage that specifies how assets and debts will be divided in the event of divorce, 2) Postnuptial Agreement: This is a contract created after marriage that outlines the division of assets and debts in case of separation or divorce, 3) Cohabitation Agreement: This is a contract created by unmarried couples who are living together and want to clarify their financial obligations and rights.

Prenuptial Agreement

Postnuptial Agreement

Cohabitation Agreement

How to complete marriage agreements

Completing a marriage agreement involves the following steps:

Discuss with your partner: It is essential to have open and honest communication with your partner to determine if a marriage agreement is necessary and what provisions should be included.

Seek legal advice: Consulting with an experienced family law attorney is important to ensure that the agreement meets legal requirements and protects your interests.

Gather financial information: Both partners should provide complete and accurate disclosure of their assets, debts, and income to ensure transparency and fairness in the agreement.

Draft and review the agreement: Work with your attorney to draft the agreement, including provisions for asset division, spousal support, and any other relevant matters. Review the agreement carefully to make sure it reflects your intentions.

Sign and notarize the agreement: Both partners should sign the agreement in the presence of a notary public to make it legally binding and enforceable.

Keep a copy: It is important to keep a copy of the signed agreement in a safe place for future reference.

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Questions & answers

How do you legally bind a prenup?

It must be in writing. It must bear the signatures of both parties. It must state that both parties are entering the prenuptial agreement voluntarily. It must not interfere with other marital agreements previously signed.

What can I do instead of a prenup?

A trust can be used as effective alternative to a prenup because it holds assets outside your marital estate. We generally advise an irrevocable self-settled trust in these cases. You can write your own prenuptial agreement, but any mistake will make the potential savings look small in comparison.

How do you write a simple prenup?

A prenuptial agreement must: Be in writing. Be signed by both parties of their own free will. They cannot be under duress or be pressured into signing the prenup. Be presented with full disclosure. Be fair and reasonable. Be signed by both parties before a witness and a notary.

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