8. Marital Contracts

Question 1

What are the rights under pre-marital contracts?

Answer 1

Disposition of property

Waiver alimony

Question 2

Are courts bound by child custody provisions in pre-marital contracts?

Answer 2

NO

Question 3

What is required for pre-marital contracts?

Answer 3

In writing + Signed
Entered into voluntarily
Full disclosure of financial worth
Fair and reasonable economic provisions (represented by independent counsel)

Question 4

What are defences against pre-marital contracts?

Answer 4

Unconscionable when executed => NOT enforceable

Question 5

What is separation agreement?

Answer 5

Parties agree to remain separate
Resolve economic issues and custody rights
Entered into during marriage

Question 6

What is required for separation agreement?

Answer 6

Full and fair disclosure (both parties)
Voluntary (NOT undue influence/coercion)
Consideration (support/property rights/child custody)

Question 7

What type of provisions are enforceable in separation agreements?

Answer 7

Division of property
Spousal support
Child custody (child’s best interest)
Child support (child’s best interest)

Question 8

How can Separation Agreement provisions be enforced?

Answer 8

Merger into divorce decree
- Modifiable

Enforcement by contract remedies