marital agreements

Question 1

what are the three types of marital agreements?

Answer 1

(1) premarital agreement
(2) separation agreement
(3) property-settlement agreement

Question 2

what consideration does a premarital agreement need?

Answer 2

a valid marriage is sufficient consideration

Question 3

what is the requirement many states require for premarital agreements?

Answer 3

a premarital agreement must expressly state its applicability to divorce

Question 4

separation agreement

Answer 4

• Can define property division, spousal support, child support, custody, and visitation
• Generally merged into the final judgment for divorce or else governed by contract law

Question 5

property-settlement agreement

Answer 5

Can settle economic issues; entered into by parties before a divorce decree is issued

Question 6

validity of marital agreements - in general

Answer 6

A premarital agreements is enforceable if:
o FULL DISCLOSURE of financial status of each party at the time of execution
o Agreement is FAIR AND REASONABLE, and
o Agreement is VOLUNTARY

Must be in writing and signed by the party to be charged

Question 7

validity of marital agreements - enforcement

Answer 7

UPAA requires the party against whom enforcement is sought to prove:
o Involuntariness; or
o That the agreement was unconscionable when executed and she:
-Did not receive or waive fair and reasonable
disclosure; and
-Did not have, or reasonably could not have
had, adequate knowledge of the other’s
assets and obligations.

Question 8

what are the permitted modifications of a marital agreement?

Answer 8

Provision that prevents modification of property rights, including spousal support

Question 9

what type of modifications of marital agreements are not enforceable?

Answer 9

Provision that prevents modification of child support

Question 10

agreements between unmarried cohabitants - cohabitation agreements

Answer 10

a contract between unmarried persons is invalid if the only consideration is sexual relations; otherwise, generally enforceable

Question 11

agreements between unmarried cohabitants - property division between unmarried cohabitants

Answer 11

equitable property distribution to
avoid unjust enrichment (e.g., resulting trust, constructive trust, or quantum meruit)