Domestic/Marriage Contracts

A domestic contract is also known as a marriage contract, pre-nuptial agreement (“pre-nup”), co-habitation agreement or separation agreement. It is an agreement between spouses, before they marry or live together, to address what would happen if they were to later separate. This agreement can cover almost any issue and can be as detailed as the parties would like. Any agreement on the questions of custody, child support and the right to occupy the matrimonial home following separation are, however, void. It is not recommended that such an agreement be signed without legal advice from a lawyer. A lawyer will explain to you your rights should you separate in the future, to enable you to make an informed decision about whether or not you want to enter into the agreement. A lawyer will also assist you to ensure that the contract is properly negotiated, documented, signed, and witnessed. If you are getting married, your will should also be reviewed and updated as a marriage will invalidate your pre-existing will.