Marital Agreements are agreements negotiated by spouses while married to each other. While Marital Settlement Agreements describe the agreement reached when spouses separate or divorce, Marital Agreements usually describe and agreement that is drafted when spouses need to contract with each other but stay married. Examples of such agreements are when spouses want to specifically define which of them is in charge of specific assets or business interests; or to change community property rights and responsibilities so that community property is changed (transmuted) into separate property, or from separate property into community property; or to protect family assets from a spouse with a gambling or addiction issue by eliminating their right and ability to, for example, get a second on the family residence. These agreements are sometimes recorded, but not filed with the Court unless/until they are needed.

Mediation is an ideal confidential process in which to negotiate Marital Agreements.