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Today a marriage contract would be called a prenuptial agreement. Both serve the purpose of protecting the property owned by one or both of the parties entering into the marriage agreement. |
The average marriage contract contains information about extended familial relationships, especially those created by the French in colonial Louisiana. The example is typical of the contracts filed in Louisiana during the 1700's. |
The wealth of genealogical information in marriage contracts makes them more valuable to family researchers than other marriage records and most other records in general. Unfortunately for family researchers, marriage contracts have not been used widely throughout American history. |
Marriage contracts in other locations have been used to protect the property left to a widow and her children by a previous husband. Otherwise, a subsequent husband would receive the rights to that property upon marriage. |
Although marriage contracts have been considered a type of marriage record, technically they are civil court documents. |
Marriage contracts have remained in the custody of the town or county in which they were created and can be obtained from the county clerk. Some locations have transferred those records to the state archives or library. |
Genealogists have abstracted, indexed and published many marriage contracts. Copies of those publications and microfilms of some original contracts can be found at the LDS Family History Library, its local Family History Centers, and in the genealogy collections of private, local, state, and university libraries throughout the country. |
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