Latest News 2010 February Types of Marital Contracts

Types of Marital Contracts

There are many different contracts and agreements that people can take advantage of under family law. The following is a brief overview of some of the most common types of marital contracts:

Prenuptial Agreements: These agreements are filed before a couple gets married, and detail how a couple would like their marital property to be divided in the event of a separation, divorce, or death. This is a way for people to protect their assets from property distribution laws.

Postnuptial Agreement: A postnuptial agreement serves the same function as a prenuptial agreement, except it’s filed after a couple has gotten married.

Cohabitation Agreement: When a couple chooses not to get married, it is wise to draft a cohabitation agreement. A cohabitation agreement lays out the rights and responsibilities of each partner in regards to property, assets, and inheritances upon separation, incapacitation, or death.

Domestic Partnership Agreements: Not all states offer these types of agreements, but for those that do, it’s wise for anyone in a committed, same-sex relationship to register for domestic partnership. Because many states do not legally recognize same-sex marriage, gay and lesbian couples are unable to get the same rights and benefits that are awarded to married couples. But by entering into a domestic partnership, same-sex couples can gain many of the same rights and protections.

Marital Settlement Agreements: These types of agreements are used during a divorce to outline each party’s rights and responsibilities in regards to any number of issues, such as visitation, child custody, alimony/spousal support, property division, and who will pay attorneys’ fees, etc.

Wills & Trusts: There are a variety of different wills and trusts people can create to protect their assets and property after they’ve passed away. Many people draft a will and/or trust not only to ensure their property is protected, but also to ensure their loved ones will be protected and taken of in the future.

If you are interested in learning more about any of these types of marital contracts or agreements, contact an experienced family law attorney today!

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