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Family legal document templates aren't just for people going through a crisis. A prenuptial agreement is a conversation about values, not a prediction of failure. A cohabitation agreement is a sign of respect between partners, not a lack of trust. Done early, these documents prevent misunderstandings that become expensive and painful later. LawDepot offers state-specific, lawyer-reviewed templates for every stage of a relationship, whether you're starting one, protecting one, or ending one on your own terms.
This guide covers the seven most important family and personal legal documents you might need: prenuptial and postnuptial agreements, separation agreements, online divorce papers, cohabitation agreements, domestic partnership agreements, and common law partner agreements. Each one addresses a specific situation, and knowing which document fits your circumstances is the first step.
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A prenuptial agreement is a contract signed before marriage that defines how assets, debts, and property will be handled if the marriage ends in divorce or death. It's not a pessimistic document. It's a practical one. It protects both people by making financial expectations clear before they become sources of conflict. Business owners, people with significant assets, those with children from a prior relationship, and anyone carrying substantial debt have a strong reason to have one.
For a prenuptial agreement to hold up in court, it needs to meet a few basic requirements: both parties must disclose their finances honestly, neither person can be under pressure to sign, and it has to be executed well before the wedding, not the week before. LawDepot's template walks you through each clause, including property division, spousal support, debt allocation, and what happens to assets you acquire during the marriage.
Who needs it: Couples planning to marry where one or both partners have significant assets, business interests, prior children, or substantial debts.
What to include: A full list of each person's current assets and debts, how property will be classified (separate vs. marital), spousal support terms if applicable, and provisions for assets acquired during the marriage.
A postnuptial agreement serves the same purpose as a prenuptial agreement but is signed after the wedding. Couples create them for several reasons: they skipped a prenup and now wish they hadn't, one spouse starts a business or inherits significant assets, or the couple goes through a rough patch and wants a structured financial agreement as part of reconciliation. Whatever the reason, a postnuptial agreement can bring clarity to a situation that's become financially complicated.
Courts in most states treat postnuptial agreements as valid contracts, but they do examine them more carefully than prenups. Because spouses owe each other a duty of good faith, any agreement that looks one-sided or was signed under stress is at greater risk of being challenged. Both parties should review the document independently before signing.
Who needs it: Married couples who want to formalize financial arrangements after the wedding, particularly when circumstances have changed significantly since they married.
What to include: Current asset and debt disclosures for both spouses, property classification, support terms, provisions for newly acquired assets, and signatures from both parties with independent review.
A separation agreement is a written contract between spouses who have decided to live apart but haven't yet filed for divorce, or who are using a legal separation as their permanent arrangement. It covers the same ground a divorce decree would: property division, debt responsibility, spousal support, and if children are involved, a custody schedule and child support calculation. Having one in place prevents disputes during what's already a difficult period.
In some states, a separation agreement signed and filed with the court can be incorporated directly into the final divorce decree, which streamlines the whole process. In others, it functions as a standalone contract. Either way, it's a document that gives both parties clarity and reduces the number of decisions that have to be made under emotional pressure.
Who needs it: Spouses who are separating and want a clear, enforceable agreement about finances, property, and custody before or instead of filing for divorce.
What to include: Division of marital assets and debts, spousal support amount and duration, child custody and parenting schedule, child support calculation, and health insurance coverage for any children.
Online divorce papers are the state-specific forms required to file for an uncontested divorce, meaning both spouses agree on all the major issues. These typically include a petition for divorce, a marital settlement agreement, and any required financial disclosure forms. LawDepot generates them based on your state's current requirements, which saves you from tracking down forms on court websites and risking errors that lead to rejected filings.
This option works well when both spouses communicate reasonably and have already reached agreement on property division, debts, and custody. If there's a genuine dispute on any of those issues, online divorce papers won't resolve it. But for couples who want to close this chapter cleanly without attorney fees that can run into the thousands, completing the forms yourself and filing them directly with your county court is a practical path.
Who needs it: Couples filing for an uncontested divorce who agree on all terms and want to handle the paperwork themselves without hiring a family law attorney.
What to include: Both spouses' full legal names and addresses, date and place of marriage, grounds for divorce, a complete settlement agreement covering property and debts, and any custody and support arrangements.
A cohabitation agreement is a legal contract between two people who live together but aren't married. It defines how expenses are shared, who owns what, and what happens to property and finances if the relationship ends. Without one, unmarried partners have almost no legal standing to claim shared property, seek financial support, or enforce verbal arrangements made during the relationship. Courts don't automatically apply the same protections to cohabiting couples that they extend to married ones.
This document is especially important when couples buy property together, mix finances, or one partner gives up income or career opportunities to support the other. A cohabitation agreement doesn't mean you expect the relationship to fail. It means you respect each other enough to be honest about money and property from the start.
Who needs it: Unmarried couples who live together, own or rent property jointly, share finances, or have one partner making significant financial contributions to the other's assets or lifestyle.
What to include: How household expenses are divided, ownership of property brought into the relationship, ownership of property acquired together, financial support terms if the relationship ends, and how jointly owned property will be handled upon separation.
A domestic partnership agreement is a formal contract for couples who have registered as domestic partners under state or local law. Domestic partnership status provides certain legal rights in states that recognize it, but those rights are often narrower than marriage rights and vary significantly by jurisdiction. A domestic partnership agreement fills in the gaps by establishing clear terms around property, finances, and mutual obligations that state law may not address.
It's also useful for same-sex couples in states where domestic partnership registration predated marriage equality, and for opposite-sex couples who choose domestic partnership status as an alternative to marriage. The agreement gives your relationship legal structure regardless of how courts in your state treat domestic partnerships generally.
Who needs it: Registered domestic partners who want enforceable agreements about finances, property ownership, and what happens if the partnership ends.
What to include: Registry information and date of registration, property ownership terms, financial contribution expectations, support obligations if the partnership dissolves, and decision-making authority for shared assets.
A common law partner agreement is designed for couples in states that recognize common law marriage: relationships where two people live together and present themselves publicly as married, even without a formal ceremony or license. Only a handful of states still recognize new common law marriages, including Colorado, Iowa, Kansas, Montana, New Hampshire, South Carolina, Texas, and Utah. If you're in one of those states and meet the requirements, you may already be legally married without realizing it.
A common law partner agreement defines the financial and property terms of your relationship in writing, which matters both if you want to formalize your arrangement and if you want to make clear that you're not entering a common law marriage. Courts look at written agreements when determining the nature of a relationship, so having one prevents disputes about what both people intended.
Who needs it: Couples in common law marriage states who want to establish clear financial and property terms, whether they intend to create a legal marriage status or specifically want to avoid one.
What to include: The nature of the relationship as both parties understand it, property ownership terms, financial obligations, how shared assets will be handled upon separation, and each partner's acknowledgment of the agreement's terms.
| Document Type | Best For | When To Use |
|---|---|---|
| Prenuptial Agreement | Couples planning to marry with assets, debts, or children from prior relationships | Before the wedding, ideally months in advance |
| Postnuptial Agreement | Married couples whose financial situation has changed significantly | After marriage, when a prenup was skipped or circumstances have shifted |
| Separation Agreement | Spouses agreeing to live apart, with or without plans to divorce | When separating and needing a clear financial and custody framework |
| Online Divorce Papers | Couples filing an uncontested divorce who agree on all terms | When both spouses are ready to finalize a divorce without attorney involvement |
| Cohabitation Agreement | Unmarried couples living together and sharing finances or property | Before or shortly after moving in together |
| Domestic Partnership Agreement | Registered domestic partners who want enforceable financial terms | At the time of registration or any time during the partnership |
| Common Law Partner Agreement | Couples in common law marriage states who want clarity on their legal status | When living together long-term in a state that recognizes common law marriage |
The people and relationships you care about deserve more than a handshake agreement. LawDepot's family document templates give you the legal foundation to protect what you've built together, whatever form that takes.
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