Given the increasing cross-pollination between family law and wills and estates, having a good understanding of family law principles is helpful for many wills and estates practitioners. This paper focuses on the role of domestic contracts, particularly cohabitation agreements, pre-nuptial agreements, and post-nuptial agreements, as part of an overall estate plan. The basic nature of domestic contracts and their applicable law is reviewed, and common issues that arise in challenges to such agreements, including undue influence and disclosure, are highlighted. For clients in blended families, the relationship between domestic contracts and wills and enduring powers of attorney is also discussed, as well as family maintenance and support claims.

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