This article contains general legal information, not legal advice. Rocket Lawyer is not a law firm or substitute for a lawyer or law firm. The law is complex and often changes. For legal advice, please contact a lawyer. A marriage agreement is only valid if it is concluded before the date of marriage. Once a couple is married, they can write a post-marriage arrangement. In drafting an agreement, it is important to recognize that there are two kinds of state laws that govern divorce – a fair distribution, practiced by 41 states, and co-ownership, which is practiced in some variants of 9 states. An agreement written in a state of Community property cannot be intended to govern what happens in a fair distribution state and vice versa. It may be necessary to retain lawyers in both states to cover the eventual case where the parties may be living in a state other than the one in which they were married. Often, people have more than one house in different states or they move a lot because of their work, so it is important to take this into account when developing. There are many ways to assess shared ownership in the event of separation. LawDepot`s marriage agreement allows you to choose the two most common methods for evaluating shared ownership or creating own. A marital agreement is different from the historical marriage regime, which was not primarily about the effects of divorce, but on the constitution and maintenance of dynastic families or a divorce regime established by the parties as part of the dissolution of their marriage.
Deciding whether a marriage agreement is fair or not for you and your future spouse is a decision you need to make together. Each couple`s financial situation is unique, and you should both talk openly about your current circumstances and how they may change after your marriage. Marital agreements have a lot to offer, but they do not necessarily correspond to all couples. For some, their state`s divorce and property laws can meet their needs; and they cannot consider a marital agreement to be particularly advantageous in their situation. Although Justin and Hailey are young and in love – and all precautions are taken in the wind – no one with significant assets should follow their example.