It is becoming more and more common for couples, either before or during a marriage, to enter into a contract agreeing in advance how they would divide their assets and liabilities in the event of a divorce. Such agreements may also deal with other possible circumstances (for example separation), and may address other issues such as custody, care and responsibility of children or other obligations; support or alimony.
A properly drawn and executed prenuptial agreement will be enforceable with respect to division of property, spousal support, alimony, as well as other contractual issues. It may not be enforceable regarding child custody and child support issues; although there are provisions available to create enforceable contract provisions in the event a party does not follow otherwise unenforceable portions of a pre- or postnuptial agreement.
Prenuptial or postnuptial agreements do not fit everyone's idea of a romantic relationship, but they are often good and very rational tools for couples in addressing important property and emotional issues, and can actually help in facilitating communications in a relationship. In a world where half of marriages end in divorce (a recent study set the figure at 55%), a rational and calm review and attempt to reduce to a written agreement the understanding of both parties about what will happen if problems do occur may be important.
Marriage itself is a contract. Cohabitation, even without marriage, often leads to joint or ambiguous ownership of property. It is certainly easier, and less emotionally difficult, to resolve how any future disputes will be resolved while partners are still on the best of terms, rather than in bad times.
FC Law has experience in guiding you in dealing with these kinds of issues and drawing up and explaining clear and enforceable prenuptial (sometimes referred to as antenuptial), postnuptial, cohabitation, domestic partnership and separation agreements.
