Premarital and Cohabitation Agreements
Couples who are considering marriage or living together may benefit from talking to a family law attorney about the advantages of a premarital agreement (also called prenuptial agreement or antenuptial agreement) or a cohabitation agreement. Premarital agreements are a useful tool for defining the legal relationships and property rights between two people. Generally, the intent of the agreement is to create a framework for handling money and property issues during the marriage or relationship and to create a roadmap for property division should the relationship eventually terminate.
Each state has its own laws about governing premarital agreements. Most states will not uphold agreements about child support and will not uphold agreements that were created fraudulently or unfairly. A number of states have also adopted the Uniform Pre-Marital Agreement Act. The Act dictates how premarital agreements should address property ownership, control, and management during the marriage and how property should be divided upon separation, divorce, or death.
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