Common Law Marriage Prenup Template for United States

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Key Requirements PROMPT example:

Common Law Marriage Prenup

"I need a Common Law Marriage Prenup that protects my established business interests and real estate holdings in Colorado, with specific provisions for keeping my software company as separate property and addressing future intellectual property rights."

Document background
A Common Law Marriage Prenup serves as a crucial legal framework for couples who choose to establish their relationship through common law marriage rather than traditional ceremonial marriage. This document becomes particularly important in the limited number of U.S. states that recognize common law marriage, as it helps protect both parties' financial interests and establishes clear guidelines for property division and financial responsibilities. The agreement typically includes detailed provisions about separate and marital property, financial obligations, inheritance rights, and business interests. It's essential to ensure compliance with state-specific requirements for both common law marriage recognition and prenuptial agreements.
Suggested Sections

1. Parties: Identification of both parties and establishment of their intent to enter into a common law marriage

2. Background: Statement of the parties' relationship status and intent to protect their rights through this agreement

3. Definitions: Key terms used throughout the agreement including separate property, marital property, income, etc.

4. Declaration of Common Law Marriage: Confirmation that parties meet state requirements for common law marriage

5. Separate Property: Detailed listing of assets owned prior to the relationship that will remain separate

6. Marital Property: Definition and treatment of property acquired during the relationship

7. Financial Obligations: How expenses, debts, and financial responsibilities will be handled

Optional Sections

1. Business Interests: Protection of business assets and income - include when either party owns a business

2. Inheritance Rights: Treatment of inherited property and future inheritances - include when significant inheritances are expected

3. Children: Provisions regarding existing children or future children - include when parties have or plan to have children

4. Life Insurance: Requirements for life insurance policies - include when parties wish to ensure financial security

Suggested Schedules

1. Schedule A - Property Inventory: Detailed list of each party's separate property at time of agreement

2. Schedule B - Financial Disclosure: Complete financial disclosure from both parties

3. Schedule C - Business Valuations: Professional valuations of any business interests

4. Certificate of Independent Legal Advice: Confirmation that each party received independent legal counsel

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Industries

State Recognition Requirements: Only certain states recognize common law marriage (Colorado, Iowa, Kansas, Montana, Rhode Island, Texas, Utah, and DC). Some states like Alabama and Georgia honor previous common law marriages but don't recognize new ones. Agreement must comply with specific state requirements for common law marriage recognition.

Property Law Considerations: Must account for whether state follows community property or equitable distribution laws, including state-specific regulations regarding marital and separate property classification, and rules governing asset division in case of separation.

Uniform Premarital Agreement Act: Consider UPAA requirements if the state has adopted it, including validity requirements, mandatory disclosure rules, and enforceability standards for prenuptial agreements.

State Contract Law Requirements: Must comply with state-specific contract law requirements including validity conditions, consideration requirements, and ensuring both parties have legal capacity to contract.

Fairness and Unconscionability Standards: Agreement must not be unconscionable, should include provisions for independent legal counsel for both parties, and meet full financial disclosure requirements to ensure enforceability.

Federal Law Compliance: Must address federal law implications including tax considerations, Social Security benefits, federal retirement benefits, and military benefits where applicable.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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