FAQ: Will Our Cohabitation Agreement Serve as a Prenuptial Agreement After We Marry?

Frequently Asked Questions About Prenuptial Agreements

A cohabitation agreement is typically drafted by couples with no immediate intent to marry. This type of agreement is used to outline financial issues and property matters in the event the couple later decides to separate.

If the couple should later decide to marry, however, the laws of their state governing marriage will likely supercede any cohabitation agreement. To remedy this, you should convert your cohabitation agreement into a binding prenuptial agreement. This assures the court that you've re-evaluated your concerns with the prospect of marriage in mind.

To make the conversion, you'll need to redraft your contract as a prenuptial agreement, meeting all of the varying legal requirements for a valid prenup. There are a number of do-it-yourself prenuptial forms that can help you accomplish this.

Once the document is complete, be sure to have your signatures notarized.