Marriage and Divorce

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Marriage Contract
(Prenuptial Agreement)

Today, more and more people are choosing to write a marriage contract. Whether you are marrying for the first time, second time, or even a third time, a Marriage Contract gives both parties the opportunity for discussion, negotiation, and making compromises.

Marriage is considered a partnership that is permanent and dissoluble only judicially, not by the consent of the partners. In New Jersey, it must be licensed, witnessed and registered. A marriage contract, prepared and written by the parties involved, is an optional and personal decision. Whether or not it will have validity in a court of law depends on the state you reside in and the particular issue(s) being contested.

While it is true, that many people who are marrying again decide to write a marriage contract to protect personal property brought into the marriage or take care of children from a previous marriage, for many people today, this is not the main reason to write one. Rather, they believe it to be a way to discuss major issues, negotiate, and come to some mutually agreeable decisions.

Do people need a marriage contract?

People can enter into a prenuptial agreement before marriage or a marriage contract after, but both are called marriage contracts these days.

A marriage contract is as binding as any other legal contract if the necessary steps are taken. It allows a couple to describe their own promises to each other, beyond what is usually involved in the implicit contract of marriage. In their contract, the couple can say who will be responsible for what during their marriage, and how they want to settle their rights and responsibilities if their marriage ends. The agreement can deal with financial matters and with day-to-day married life.

The couple can then plan ahead. So long as the contract is fair to both sides, and it meets all the usual requirements of an enforceable contract, they know where they stand with each other....
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