Marital Agreements

Question 1

types of marital agreements

Answer 1

premarital, separation, property-settlement

Question 2

premarital agreement

Answer 2

an agreement before marriage, typically containing terms that related to division of property of spousal support in the case of death
a valid marriage is sufficient consideration
clauses related to child custody and support are unenforceable

Question 3

separation agreement

Answer 3

agreements made between spouses who are planning for divorce
clauses related to child custody and support are modifiable if not in best interests of the child

Question 4

property-settlement agreement

Answer 4

purpose is to settle economic issues of marital estate and entered into by parties before a divorce decree is issued

Question 5

UPAA

Answer 5

Uniform Premarital Agreement Act
uniform law that relates specifically to premarital agreements and imposes same standards

Question 6

When is a premarital agreement enforceable

Answer 6

full disclosure, agreement is fair and reasonable, and agreement is voluntary
must be in writing and signed by the party to be charged

Question 7

how to unenforce a premarital agreement

Answer 7

Must prove involuntariness or
agreement was unconscionable because person did not receive fair and reasonable disclosure and did not or reasonably could not have had adequate knowledge of other’s assets and obligations

Question 8

cohabitation agreements

Answer 8

agreements between nonmarried cohabitants
not enforceable if the only consideration is sexual relations

Question 9

property distribution between unmarried cohabitants

Answer 9

when there is no express contract, courts will provide for equitable distribution of perotyer based on a resulting trust, constructive trust, or quantum meruit theory to avoid unjust enrichment