What to know
Why couples put agreements in writing
Talking about money before or during a marriage is rarely romantic, but it often prevents much harder conversations later. A written agreement lets a couple decide for themselves how property, debts and income will be treated instead of leaving those questions entirely to state default rules.
Those default rules differ widely. A handful of states follow community property principles, where most property acquired during the marriage is owned equally. Most others use equitable distribution, where a court divides marital property in a way it considers fair. An agreement can change many of these outcomes, within limits set by state law.
Prenuptial and postnuptial agreements
A prenuptial agreement is signed before the wedding; a postnuptial agreement is signed after. Both can address separate and shared property, responsibility for debts, what happens to a family business, and in many states whether spousal support will be paid.
Courts look closely at how these agreements were made. Common safeguards include full financial disclosure by both partners, enough time to review the agreement before signing, and the opportunity for each partner to consult their own lawyer. Agreements generally cannot set child support or custody in advance, because courts decide those based on the child's best interests at the time.
Living together without marriage
Unmarried partners do not automatically get the property rights that married couples have in a breakup. A cohabitation agreement can spell out who owns what, how shared expenses are split, and what happens to a jointly leased or owned home if the relationship ends.
Proving a marriage
An affidavit of marriage is a sworn statement, often by a friend or relative, confirming that a couple is married or has a genuine relationship. It is sometimes used to support immigration applications or benefits claims, alongside official records such as a marriage certificate.
Review agreements over time
Circumstances change after a wedding: children arrive, careers shift and property is bought or sold. Some couples include a review date in their agreement or update it with a written amendment signed by both partners. Remember to coordinate any agreement with your wills, beneficiary designations and the way you title property.