A current trend is that couples choose to create a conflict resolution agreement instead of a traditional marriage agreement. A default prenup discusses what can happen financially if the couple separates, while a conflict resolution prenup describes how the couple agrees to resolve conflicts if they ever reach a point where they are considering divorce. You would not use the prenup template we provide for this type of conflict resolution. Our contract is for financial prenups. Instead, you might consider working with a professional lawyer or mediator to design the deal. Even in States that have not adopted up TOAA/UPMAA, such as New York, duly executed marriage contracts enjoy the same presumption of legality as any other contract.  It is not necessary for a couple signing a marriage contract to use separate lawyers to represent them, as long as each party understands the agreement and voluntarily signs it with the intention of being bound by its terms. There is a strong public policy that favours parties that rank and decide their own interests through treaties.  There are no state or federal laws that require adults with contractual capacity to hire an attorney to enter into a marriage contract such as a marriage contract, with the exception of a California law that requires the parties to be represented by an attorney when support is limited by the agreement.  A marriage contract can be challenged if it is proven that the contract was signed under duress.
 The signing of a pre-marital agreement under duress must be demonstrated by the facts and circumstances of each case. For example, it was found that a spouse`s assertion that she believed there would be no marriage if she did not sign a marriage contract where the marriage was only two weeks away and marriage plans had been made, was not sufficient to demonstrate coercion.  These examples are automatically selected from different online message sources to reflect the current use of the word “marriage contract.” The opinions expressed in the examples do not give the opinion of Merriam-Webster or its publishers. Send us feedback. Britannica.com: Encyclopedia articles on the marriage contract Recently, a movement has snone in some modern Orthodox circles that support an additional marriage contract. This is a response to a growing number of cases where the husband refuses to grant a religious divorce. The Department of Homeland Security requires that individuals who sponsor their immigrant fiancé come to the United States on a visa to make an affidavit of support and it is important to consider the affectidavit obligation of assistance to the United States. . . .