Prenuptial, Postnuptial, and Cohabitation Agreements – What’s the Difference?

Written agreements can play a helpful role in defining the rights and responsibilities of couples. The purpose of these agreements is to protect the financial interests of both partners and to plan for a fair division of property in case your relationship ends.

Prenuptial, cohabitation, and marriage agreements are three different types of agreements that couples can consider, each serving a similar purpose.  The reason you may choose one over the other depends on the status of your relationship.

All three types of agreements usually cover these subjects:

• How your property (or assets) and debts (or liabilities) will be divided in the event that the relationship ends or one partner dies;
• Whether or not one person will pay the other support payments if the relationship ends;
• Who will take care of the family pet if the relationship ends; and 
• Some matters about children, if you have any.

As for which agreement you should choose, here’s a shorthand guide:

• Are you about to get married?  Go for a prenuptial agreement.
• Are you already married, but have decided now is the time to get organized?  A marriage agreement is just the thing for you!
• Are you living with your partner but not sure marriage is in the cards?  A cohabitation agreement is what you need.

At Jointly, we call all of these agreements “relationship agreements” – and whether you’re engaged, married or living together, we can help you and your partner work together to build a relationship agreement that works for you.  Click here to get started!

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Aimee Schalles

Hi, I'm Aimee, a co-founder of Jointly. I’ve been working as a lawyer in British Columbia for over ten years. I run a small law firm and love helping people solve everyday problems. I’ve seen the difficulties that ordinary people face in accessing reliable legal services. I’ve also seen many friends and clients go through challenging separations that could have been improved if they’d have had a prenup or cohabitation agreement. I hope Jointly helps people make the relationship agreement they’ve been thinking about!

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