marital agreements Flashcards
what is a premarital agreement
covers division of property and support in case of death or divorce
where is the consideration for premartial agreements?
the valid marriage is the consideration
what is a separation agreement?
made by couple in contemplation of separation
what makes an agreement valid
voluntary
fair and reasonable disclosure
not unconscionable
disclosure?
of all financial statuses
what would make it unconscionable?
gross disparity in value exchanged
how to modify agreements
written agreement signed by both
no consideration needed
can you include a provision preventing the modification of child support?
no
What can you waive in a marital agreement?
Spousal support
when can an agreement be modified for a material change in circumstances?
incorporated by reference to final divorce decree
what if it is incorporated as court decree
enforceable as court order
what if you dont follow a court order
contempt
