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Marital Property Agreements

As indicated in the section of this site which addresses "pre-nuptial agreements," a couple getting married can reach an agreement prior to marriage which defines the rules that will apply to the marital relationship, such as the parties’ obligations to each other financially and otherwise, and their relationships with others including other family members, business associates, and creditors. If done prior to and in anticipation of marriage, these agreements are commonly referred to as pre-nuptial agreements or pre-marital agreements.

However, a married couple is free to reach agreements which apply to the nature of their property and financial relationship as well. Such agreements can be referred to generally as “marital property agreements.”

As with pre-nuptial agreements, careful attention must be paid to ensure that such agreements are both substantively and procedurally fair, and that they are consistent with the parties intent.