What Is Contained in a Marriage Contract?

Married couple

A marriage contract is a legal agreement between two people. The contract identifies the two people entering into the agreement and outlines the purpose it will serve. Included in the marriage contract is a list of agreed-upon terms for the marriage.

Features

A marriage contract usually is created to outline and identify the responsibilities and ownership of financial assets as well as debts in a marriage. The contract also identifies ownership of assets and debts should the marriage end.

Considerations

Although a marriage contract can include details about custody and care of children, a court does not have to follow those directions, even if they have been mutually agreed upon. A court can review and reject any directions it determines to be unreasonable in regard to the welfare of children.

The Facts

For a marriage contract to be valid, both parties must sign the legal document in the presence of a witness. Once the contract is legal, it can be changed or ended if both parties sign the revised document, in the presence of a witness.

Types

If a marriage contract is created and signed before a couple is married, it is called a prenuptial agreement. A prenuptial agreement (or pre-nup) becomes legal on the date the couple is officially married. If a marriage contract is created after a couple is married, it takes effect immediately after it is been signed by both parties and the witness.

Warning

For a marriage contract to be upheld by a court, it must have been entered into by two adults in an informed and consensual matter. Both parties should seek legal advice before signing the contract, even if they agree about the details. This will help ensure that a court will not rule that the contract is unfair to one party, which can be grounds for the contract being disregarded in a court of law.

Resources

• HG Worldwide Legal Directories