Marriage Contracts and Cohabitation Agreements

Nobody plans to separate. But if you own a home, a business, or expect an inheritance, a contract before you marry or move in together is simply good planning, and increasingly common.

What a marriage contract can do. It can set your own rules for dividing property if you separate, protect assets you bring into the marriage, and define or waive spousal support. It can be signed before or after the wedding.

What it cannot do. A marriage contract cannot decide parenting or child support in advance, and cannot limit a spouse's right to live in the matrimonial home. Those belong to the children and the law, not the parties.

Cohabitation agreements. For couples who are not marrying, a cohabitation agreement does the same work and becomes a marriage contract automatically if you later marry.

Why the details matter. Courts will set aside a contract signed under pressure, without disclosure, or without understanding. I draft contracts that are fair enough to survive a challenge, and I insist on proper disclosure and independent legal advice for both sides.

Timing. Do not leave this to the week before the wedding. Six to eight weeks is comfortable.