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

Converting a Cohabitation Agreement to a Prenuptial Agreement

A cohabitation agreement is a legal agreement typically entered into 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 their cohabitation agreement. To remedy this, a couple should convert their cohabitation agreement into a prenuptial agreement. This assures the court that you’ve re-evaluated your concerns with the prospect of marriage in mind, and helps ensure the agreement is valid in case of a divorce.

To make the conversion, you’ll need to rewrite 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. For more complex agreements you should work with a family law attorney in your area.

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