Marital Contract - Before You Say "I do"

Marital Contract - Before You Say "I do"
Getting married is a pleasurable and exciting milestone. You have finally found the love of your life and decided to spend the rest of your life together. While it is important to be positive and go into your marriage excited for what is to come, you should also prepare for the worst. Getting a marital contract or a prenuptial agreement can ensure you and your spouse are covered, just in case of divorce. 
While this may sound unromantic, going into your marriage prepared can actually lead to a stronger marriage. You and your spouse will know you are able to have productive conversations about complex subjects and get through them together. Here is what you should know about marital contracts before you get married.

What is a Marital Contract?

A marital contract also called a prenuptial agreement, is one that couples enter before they get married. The contract lists which one brings what into the relationship, such as property, money, and stocks, before you are married. The contract can also include who will own the assets if a divorce should happen. When making a prenuptial agreement, both partners must have their own attorneys present when signing a marital contract.

Reasons Why You May Want a Prenuptial Agreement

  • One Partner is Wealthier Than the Other 

Getting married after you have already established your professional careers is a good idea to get a prenuptial agreement. While the prenuptial may initially be to benefit the wealthier person, the other partner can also become more prosperous during the marriage, making it protect them as well. A prenuptial agreement covers the more affluent person because if they were to get divorced, the wealthier person would get to keep their money.

  • There Are Children From Previous Marriages Involved

If you or your partner have children from previous marriages, getting a marital contract is also a good idea. A marital contract ensures that the money and property the parent makes will be passed down to the children in case that parent dies. Having a prenuptial agreement can prevent your loved ones from fighting over the money and property when you die.

  • One or Both Partners Own a Business 

You may also want to consider a prenup if you or your partner owned a business before getting married. If you do not have a prenup and get divorced, the person who owns the business may need to pay the other partner half of the assets made during the marriage.

  • One Partner Plans on Being a Stay-at-home Parent

When one of the partners decides to become a stay-at-home parent, they give up a possible career—because of this, getting back into the workforce may be difficult if you were to get divorced. But with a marital contract, the stay-at-home parent can guarantee compensation for their work at home.

When Should You Create a Prenup?

You will want to start getting a marital contract as soon as possible. Discussing a prenup should occur as soon as you decide you want to get married. Weddings can cause significant stress, so discussing the prenuptial agreement much earlier than during the stressful planning phase is essential. Getting the marital contract can also take some time, so you should get the process started at least a month before you get married.

ELCV LAW Marital Contract Services

Being prepared helps to ensure success in any relationship. We can help you draft the perfect marital contract to protect you and your future spouse. As one of Tucson’s most experienced family law attorneys, we know exactly how to detail the agreement to cover you entirely in your marriage. ELCV LAW is a firm specializing in Family Law in Tucson. Erika L. Cossitt Volpiano, PC., is an Arizona divorce mediation, marital contract specialist, and family lawyer with over 30 years of experience. Take control of your future, and contact ELCV LAW today at 520-795-2235 or visit our website at

Disclaimer: The content in this article is for informational purposes only and should not take the place of actual legal advice. Not all circumstances are the same, and it is suggested that you should seek legal counsel if you need assistance in any of these areas.