Types of Marriage Contracts: Everything To Know

Marriage contracts aren't just for worst-case scenarios. They're tools for clarity, collaboration, and control over your financial future. Whether you're just starting out or years into your relationship, there’s likely a contract that fits your situation. This guide walks you through three of the most common types: prenuptial agreements, postnuptial agreements, and separation agreements.

Neptune helps couples create smarter contracts. As a first-of-its-kind financial concierge for ambitious, financially complex couples, we offer guidance through big money decisions, starting with the right legal agreements.

What is a Marriage Contract?

Marriage contracts are legal agreements between spouses that define financial and personal terms before, during, or after marriage. These contracts let you customize your marriage based on what works best for both partners and not just what’s traditionally expected.

In many states, any property acquired during marriage is considered jointly owned, even if only one person’s name is on the paperwork. A marriage contract can change that. It can clarify who owns what, how debts are handled, and what happens if things shift down the line.

For any marriage contract to be valid, both parties must sign voluntarily and should have separate legal counsel.

Why Marriage Contracts Matter

Marriage contracts are often misunderstood as something you only need if you're wealthy or expecting conflict. But really, they’re just tools for planning; a kind of like a financial roadmap. They encourage open communication and give couples the chance to make intentional choices about things like money, property, and even future income.

Neptune combines real legal guidance, empathetic advisors, and transparent pricing to make the process collaborative, not confrontational. We’re here to take the stress out of sorting out finances with your partner.

1. Prenuptial Agreements

Prenuptial agreements, referred to colloquially as prenups, are agreements signed and agreed to before you get married. These agreements help couples:

• Define a financial roadmap, including how to handle premarital assets, shared finances during the relationship, and financial guidelines.
• Outline financial decisions in case of separation or the death of a spouse.
• Approach prenups as financial planning tools. They help couples start open conversations about money early on.
• Get on the same financial page before marriage by fully disclosing assets and discussing expectations transparently.

If you want your prenup to hold up in court, make sure it is fair and balanced for both parties. Each person should have their own legal representation, and the agreement must be signed voluntarily.

2. Postnuptial Agreements

Sometimes, it makes sense to alter the legal agreements between a couple during their relationship. Postnuptial agreements operate like a prenup but occur after the wedding. You can:

• Consider a postnup if you didn’t sign a prenup but now want financial clarity and well-being later in the relationship.
• Revisit your agreement if your financial situation has changed significantly, such as significant business success or an income shift.
• Protect business interests by outlining that any business assets, debts, or liabilities remain solely yours.
• Use a postnup to handle inheritances, ensuring that family property stays within your family and passes on to your child.

An agreement called a transmutation is one type of postnup that allows for the changing of ownership of a property. 

For example, a house could be transferred into just one spouse's name. Or, if the property is already in one spouse's name, it could be transitioned into community property.

3. Separation Agreements

Although you probably never plan on separation, it can happen for any number of reasons. The process of a legal dissolution can take months or even years in some cases. A separation agreement provides a contract between both parties to define how you will treat the relationship and your finances moving forward.

Separation agreements typically outline far more than finances. They can also include a temporary child custody and support schedule, define responsibilities, and determine who will remain in the home and who will move out.

Get Collaborative, Comprehensive Marriage Contracts With Neptune

Marriage contracts are a great way to add clarity to any relationship by facilitating open communication and ensuring both parties are on the same page.  A well-written prenup or postnup can strengthen your relationship by providing a collaborative way to work through your shared and separate finances.

A carefully crafted separation agreement can provide amicable terms that help minimize court involvement as you decide how to move forward with the rest of your lives.

Ready to start? Talk to Neptune and see what kind of marriage contract fits your story.