Authentication of a Marriage Contract
A legal marriage contract is not required in order to be married in the United States. However, a certificate of marriage is required to authenticate a marriage on both the state and national level.
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Process
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Before getting married, obtain a marriage license from the appropriate local entity--usually the county where you will be wed. This is obtained from the county clerk and signed by your Officiant and witnesses on your wedding day for authentication.
Alternatives
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The marriage certificate is a legally binding contract, but it is not inclusive of all considerations a couple may make prior to marriage. If you and your spouse would like to establish a prenuptial or postnuptial agreement, a separate contract must be made.
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Importance
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Without authentication, no contract is legally binding. The marriage certificate must be signed by an Officiant and at least two witnesses prior to being submitted for legal authentication. In the case of a pre- or postnuptial agreement, no contract is legally enforceable without proof of signature. The contract must also be legal in its form and structure. For this reason, it is important to have any agreement prepared by a lawyer.
Considerations
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Contract law is set on a state-by-state basis. If you have moved since the date of your marriage, or when the marriage contract was signed, you may want to verify the authenticity of the agreement in your new state of residence.
Tips
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Keep several copies of any marriage contract in a safe place. These documents will be used to determine your eligibility for tax benefits, qualifications for insurance, wishes in the case of divorce and agreements if you are to separate.
Warning
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Certified copies of marriage contracts and marriage certificates may cost a small fee.
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References
- Photo Credit wedding image by Mat Hayward from Fotolia.com
