Marriage Agreement

Clients Rate Lawyers on our Platform 4.9/5 Stars
based on 5,720 reviews

Jump to Section

Need help with a Marriage Agreement?

Post Project Now

Post Your Project (It's Free)

Get Bids to Compare

 Hire Your Lawyer

A marriage agreement, also known as a prenuptial agreement or prenup, is a legal document couples create before they get married. The agreement outlines the rights and obligations of each spouse in the event of a divorce or separation. It typically covers property division, spousal support, and other financial matters. A marriage agreement is designed to provide clarity and protection for both parties and can help minimize conflict and uncertainty in the event of a future divorce or separation.

Benefits of a Marriage Agreement

  • Protection of Assets

    A marriage agreement can help protect the assets of both spouses in the event of a divorce or separation. It can outline how property will be divided and ensure that each spouse's separate property is protected.

  • Financial Clarity

    A marriage agreement can help provide financial clarity and avoid misunderstandings about financial matters during the marriage.

  • Business Ownership

    If one or both spouses own a business, a marriage agreement can help protect the business assets and outline how the business will be handled during a divorce.

  • Previous Marriages

    If one or both spouses have been previously married, a marriage agreement can help protect the assets they brought into the new marriage.

  • Debt Protection

    A marriage agreement can also help protect each spouse from the other's debts and outline how debts will be handled in the event of a divorce.

Requirements of a Marriage Agreement

  • Financial Disclosure

    Each spouse must fully disclose their assets and debts. This helps to ensure that the agreement is fair and that both parties are fully aware of each other's financial situation.

  • Division of Property

    The agreement should outline how property will be divided during a divorce or separation. This includes property that was owned before the marriage, as well as property acquired during the marriage.

  • Spousal Support

    The agreement should address whether or not spousal support (also known as alimony) will be paid in the event of a divorce, and if so, how much and for how long.

  • Business Interests

    If one or both spouses own a business, the agreement should address how the business will be handled during a divorce or separation.

  • Estate Planning

    The agreement may also address estate planning issues, such as how property will be distributed upon the death of one spouse.

Meet some lawyers on our platform

Domonick G.

5 projects on CC
View Profile

Ramanathan C.

82 projects on CC
View Profile

Ryenne S.

274 projects on CC
View Profile

Steven S.

1 project on CC
View Profile

Common Misconceptions about Marriage Agreements

  • Marriage Agreements are Only for the Wealthy

    While it's true that high-net-worth individuals may be more likely to create marriage agreements, anyone can create one. A marriage agreement can be useful for anyone who wants to protect their assets or clarify financial matters before marriage.

  • Marriage Agreements Mean You Don't Trust Your Partner

    Creating a marriage agreement is not a sign of a lack of trust in your partner. Instead, it's a way to plan for the future and protect both parties in case of a divorce or separation.

  • Marriage Agreements are Only for Couples who are Planning to Divorce

    While it's true that a marriage agreement is designed to address issues that may arise in the event of a divorce or separation, it can also provide clarity and peace of mind during the marriage. A marriage agreement can help couples avoid misunderstandings and conflicts related to financial matters.

  • Marriage Agreements are Always Enforceable

    While marriage agreements are generally legally binding and enforceable, there are some circumstances where they may be invalidated. For example, if one party was coerced or forced into signing the agreement, or if the agreement is found to be grossly unfair to one party, it may not be enforceable.

Key Terms for Marriage Agreements

  • Prenuptial Agreement: A prenuptial agreement, also known as a marriage agreement or premarital agreement, is a legal agreement created before a marriage that outlines how property will be divided in the event of a divorce or separation.
  • Separate Property: Separate property is a property that is owned by one spouse individually and is not considered part of the marital estate. This can include property owned before the marriage, gifts, and inheritances.
  • Marital Property: Marital property is a property that is acquired during the marriage and is considered part of the marital estate. This can include property jointly owned by the spouses, as well as property acquired during the marriage that one spouse owns.
  • Alimony: Alimony, also known as spousal support, is a payment made from one spouse to the other after a divorce or separation. A marriage agreement may address whether or not alimony will be paid, and if so, how much and for how long.
  • Unenforceable: An unenforceable agreement is one that cannot be legally enforced. A marriage agreement may be unenforceable if it is grossly unfair, if one party was coerced into signing it, or if it violates public policy.

Final Thoughts on Marriage Agreements

In conclusion, a marriage agreement in California can be a useful tool for couples who want to define their financial and property rights before getting married. The agreement can help couples protect their assets, clarify their expectations, and avoid potential conflicts in the future. However, creating a marriage agreement requires careful consideration, negotiation, and legal advice to ensure that it is fair, enforceable, and in compliance with California law.

If you are looking to get free pricing proposals from vetted lawyers that are 60% less than typical law firms, you can Click here to get started. By comparing multiple proposals for free, you can save the time and stress of finding a quality lawyer for your business needs.

How ContractsCounsel Works
Hiring a lawyer on ContractsCounsel is easy, transparent and affordable.
1. Post a Free Project
Complete our 4-step process to provide info on what you need done.
2. Get Bids to Review
Receive flat-fee bids from lawyers in our marketplace to compare.
3. Start Your Project
Securely pay to start working with the lawyer you select.

Meet some of our Marriage Agreement Lawyers

Michael B. on ContractsCounsel
View Michael
5.0 (11)
Member Since:
October 30, 2020

Michael B.

Free Consultation
13 Yrs Experience
Licensed in IL, MN, WI
University of the Pacific

Michael has extensive experience advising companies from start-ups to established publicly-traded companies . He has represented businesses in a wide array of fields IT consulting, software solutions, web design/ development, financial services, SaaS, data storage, and others. Areas of expertise include contract drafting and negotiation, terms of use, business structuring and funding, company and employee policies, general transactional issues as well as licensing and regulatory compliance. His prior experience before entering private practice includes negotiating sales contracts for a Fortune 500 healthcare company, as well as regulatory compliance contracts for a publicly traded dental manufacturer. Mr. Brennan firmly believes that every business deserves a lawyer that is both responsive and dependable, and he strives to provide that type of service to every client.

Melissa L. on ContractsCounsel
View Melissa
4.7 (2)
Member Since:
October 26, 2020

Melissa L.

Free Consultation
Des Moines, IA
15 Yrs Experience
Licensed in IA
City University School of Law

Seasoned negotiator, mediator, and attorney providing premier legal advice, services, and representation with backgrounds in the following but not limited to law areas: business/commercial (restaurant & manufacturing), contracts, education, employment, family and matrimonial, healthcare, real estate, and probate & wills/trusts

Benjamin M. on ContractsCounsel
View Benjamin
Member Since:
October 26, 2020

Benjamin M.

Free Consultation
Atlanta, GA
11 Yrs Experience
Licensed in GA
Georgia State University

Experienced Attorney focused on transactional law, payments processing, banking and finance law, and working with fintech companies with a demonstrated history of driving successful negotiations in technology sourcing and transactions and strong understanding of government contracts and the procurement process

Ross F. on ContractsCounsel
View Ross
Member Since:
October 27, 2020

Ross F.

Managing Partner
Free Consultation
Bedford, New Hampshire
12 Yrs Experience
Licensed in MA, NH
University of Arizona

I am an experienced technology contracts counsel that has worked with companies that are one-person startups, publicly-traded international corporations, and every size in between. I believe legal counsel should act as a seatbelt and an airbag, not a brake pedal!

John H. on ContractsCounsel
View John
Member Since:
November 10, 2020

John H.

Free Consultation
Mobile, AL
12 Yrs Experience
Licensed in AL
Thomas Goode Jones School of Law

John Daniel "J.D." Hawke is an experienced attorney with a law practice in Mobile, Alabama. He was born in Fairhope, Alabama and after earning his undergraduate degree at Auburn University, he received a law degree from Thomas Goode Jones School of Law in 2010. After law school, he formed the Law Office of J.D. Hawke LLC and over the last decade he has fought incredibly hard for each and everyone of his clients. His practice focuses on representing people facing criminal charges and clients dealing with family law matters. In addition to criminal defense and domestic relations cases, he also regularly handles contract disputes, personal injury cases, small business issues, landlord/tenant disputes, document drafting, and estate planning. He is licensed to practice law in the State of Alabama and the United States District Court for the Southern District of Alabama.

Thomas C. on ContractsCounsel
View Thomas
Member Since:
October 30, 2020

Thomas C.

Free Consultation
Denver, CO
10 Yrs Experience
Licensed in CO
University of Colorado Law School

Thomas Codevilla is Partner at SK&S Law Group where he focuses on Data Privacy, Security, Commercial Contracts, Corporate Finance, and Intellectual Property. Read more at Thomas’s clients range from startups to large enterprises. He specializes in working with businesses to build risk-based data privacy and security systems from the ground up. He has deep experience in GDPR, CCPA, COPPA, FERPA, CALOPPA, and other state privacy laws. He holds the CIPP/US and CIPP/E designations from the International Association of Privacy Professionals. Alongside his privacy practice he brings a decade of public and private transactional experience, including formations, financings, M&A, corporate governance, securities, intellectual property licensing, manufacturing, regulatory compliance, international distribution, China contracts, and software-as-a-service agreements.

Lyndsey G. on ContractsCounsel
View Lyndsey
Member Since:
October 30, 2020

Lyndsey G.

Free Consultation
Roseville, MN
9 Yrs Experience
Licensed in MN
Mitchell Hamline College of Law

Attorney of 6 years with experience evaluating and drafting contracts, formation document, and policies and procedures in multiple industries. Expanded to estate planning last year.

Find the best lawyer for your project

Browse Lawyers Now

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city