While courts may take different positions on what is right and what is not, the process of negotiating the prenup and the terms of the agreement are generally the same in all 50 states. If you decide to end your marriage without prenup, you will likely need to use a divorce agreement to determine how to divide your affairs. None of you have a lot of savings. If neither spouse has significant assets or property, a marriage contract will rarely be useful, as property protection is the main purpose of a prenup. Individual agreement for couples. | Not always 100% separate. | Suitable for larger or complex properties. A marriage contract or « prenup » is a written contract that is concluded before a couple marries – most often when they are engaged. .