Marriage Contracts

Marriage contracts – also called prenuptial agreements or prenups – are legal agreements made between two people before or during marriage to outline how various matters will be handled in the event of separation, divorce, or death. Here’s a comprehensive overview:

🔍 What Is a Marriage Contract?

A marriage contract is a legal agreement that can define:

Division of assets and debts
Spousal support (alimony)
Ownership of property acquired during the marriage
Business interests
Financial responsibilities during the marriage
Estate planning provisions (in some cases)

🧾 Types of Marriage Contracts

1. Prenuptial Agreement (Prenup)

Signed before the marriage.
Outlines property and financial arrangements in case of divorce or death.

2. Postnuptial Agreement (Postnup)

Signed after the marriage.
Similar content to a prenup, but can also address changes in circumstances (like children or significant assets gained).

3. Cohabitation Agreement

For unmarried couples living together.
Covers similar issues as a prenup, often used in common-law relationships.

⚖️ Why Get a Marriage Contract?

Protect individual assets (e.g., inheritance, businesses).
Clarify financial roles and responsibilities in the marriage.
Reduce conflict in case of divorce or separation.
Provide financial certainty and peace of mind.
Protect children from previous relationships.

🛑 What It Cannot Do

Cannot waive child support rights.
Cannot decide custody or access arrangements ahead of time.
Cannot promote divorce (courts can reject a contract seen as encouraging it).
Cannot be grossly unfair or signed under duress.
These questions are for court discussion.

📝 Key Elements of a Valid Contract

Full Financial Disclosure – both parties must be transparent about their assets and debts.
Independent Legal Advice – each person should have their own lawyer to avoid future claims of unfairness.
Voluntariness – signed without pressure or coercion.
Fair and Reasonable Terms – overly one-sided contracts may be challenged in court.

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