When to consider marital agreements
Cohabitation Agreements or no nuptial agreements are similar to prenuptial agreements and post-nuptial agreements. However, they do not require legal marriage to exist between a couple. These documents can be used as evidence in court should the couple ever find themselves dissolving the relationship after living together and/or sharing assets. For this reason, these legal documents provide a safety net for each involved party because they address important issues that can become potentially problematic if the relationship dissolves.
If you’re considering marriage, you may also wish to consider a premarital agreement (commonly known as a prenuptial agreement or simply a “prenup”). While no engaged couple wants to consider the possibility of divorce, it is important to remember that well-drafted and comprehensive premarital agreements provide couples with a number of benefits and should not be viewed as defeatist.
If you are already married, postmarital agreements strengthen marriages. Preparing for divorce doesn’t lead to marriage problems any more than securing your home invites thieves. Contracts provide a mutually beneficial foundation to your marriage that withstands time, emotions, and financial uncertainty.