Prenuptial and Cohabitation Agreements

Prenuptial agreement

A prenuptial agreement, or “prenup” is an agreement between two parties entering into a marriage. This is a legally binding agreement that can determine:

  • How property from before the marriage is divided

  • Who is responsible for debts occurring prior to the marriage

  • Who pays spousal support in the event of a divorce

  • Who pays child support in the event of a divorce

  • Who gets custody of children in the event of a divorce

  • and other applicable stipulations

There are also postnuptial agreements that can take place after two parties have married. They may include the same functions as a prenuptial agreement.

Cohabitation agreement

A cohabitation agreement is an agreement between two parties that plan to live together but do not intend to marry. These agreements can cover all of the same topics of listed in prenuptial agreements, they are only different in the aspect it refers to the housing situation rather than the marital status of the parties.