Tag Archives: prenuptial

Common Types of Domestic Contracts

Couple reading a document

Couple reading a documentOne element that most couples do not consider is domestic contracts. This is an agreement between cohabiting partners or spouses regarding the boundaries of their relationship.

For the contracts to be legally binding, they should be in writing and signed in front of a witness. Getting a family law attorney in Boulder to advise you is the best way to protect your rights in the contract.

Here are some types of domestic contracts.

Cohabitation Agreements

For couples planning to cohabit for an extended period without legal marriage, a cohabitation agreement is prudent.

This agreement outlines the couple’s rights regarding property and support after termination of their relationship. Should a couple decide to marry later, the cohabitation agreement becomes a marriage contract.

Marriage Contracts

Typically known as prenuptial agreements, this contract includes the conditions of a separation or divorce should it happen. They define the terms of spousal support and property division after divorce.

The couple typically signs this contract before entering a marriage, though in other instances they sign in the course of a marriage. Some of these contracts include the religious, educational and moral training of children born during the marriage.

Separation Agreements

These domestic contracts are for after termination of a cohabitation relationship or marriage. It outlines the division of property and responsibilities of the partner after separation.

These also include the custody and rights of the parents for any children born during the relationship. Courts might, however, disregard the provision for child custody in these agreements if they are not in the child’s best interest.

There are some instances where the court might disregard domestic contracts. These include cases where one party failed to disclose assets at the time of the agreement or contracts signed under undue influence. If one partner did not comprehend the consequences of the contract at signing, the court might disregard it as well.