Marital Agreements Flashcards

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1
Q

Pre-Marital Agreement

A

A valid marriage is sufficient consideration

Most states - must expressly state its applicability to divorce

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2
Q

Separation Agreement

A

Can define property division, spousal support, child support, custody, and visitation

Generally merged into final judgment for divorce or else governed by contract law

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3
Q

Property-Settlement Agreements

A

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

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4
Q

Validity of Marital Agreements

A

Pre-Marital Agreements are generally enforceable if:
1. Full disclosure of financial status at the time of execution
2. Agreement is fair and reasonable
3. Agreement is voluntary
4. Must be in writing and signed by the party to be charged

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5
Q

Defenses to Pre-Marital Agreement Validity (UPAA)

A
  1. Involuntariness, OR
  2. That the agreement was unconscionable when executed, and the party
    a. Did not receive or waive fair and reasonable disclosure, and
    b. Did not have, or reasonably could not have had, adequate knowledge of other’s assets and obligations
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6
Q

Modification of Marital Agreements

A

Provision that prevents modification of property rights, including spousal support, is permitted

A provision that prevents modification of child support is NOT enforceable`

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7
Q

Cohabitation Agreements

A

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

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8
Q

Property Division Between Unmarried Cohabitants

A

Equitable property distribution to avoid unjust enrichment

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