What Do Such Agreements Usually Include?

Cohabitation or marriage agreements usually include:
  • what kinds of financial contribution each partner will make to support the other;
  • what contributions each will make to their residential or other property;
  • what amount and kinds of contributions each partner will make in personal effort for the benefit of the other;
  • what insurance one partner may provide to protect the other;
  • what employee, pension or investment benefits one partner may provide to include coverage for the other spouse;
  • what provisions one partner shall make and keep in force for the benefit of the other partner by will, whether to provide money or specific assets;
  • what undertakings each party will make with respect to providing for children of the partners, or of either of them, over and above the requirements of the law;
  • which, or how much of such provisions will continue to be enforceable after any separation of the partners or divorce.

Any marriage or cohabitation agreement is subject to review and/or rescission or amendment by the court, particularly if:

  • the interests of children would otherwise be adversely affected;
  • a provision or provisions would be unfair or unduly harsh on the party seeking change;
  • the party seeking relief could be found to have acted undue pressure or influence;
  • the party seeking relief had insufficient disclosure of facts or lack of legal advice, which would have precluded such party entering into the agreement.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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