Marital Agreements

Question 1

What are the thee types of marital agreements?

Answer 1

1. Premarital agreements
2. Separation agreements
3. Property-settlement agreements

Question 2

What is the purpose of a separation agreement?

Answer 2

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

Question 3

In general, what is required to make a marital agreement enforceable?

Answer 3

1. Full disclosure of financial status of each party at the time of execution
2. Agreement must be fair and reasonable
3. Agreement must be voluntary
4. Must be in writing and signed by the party to be charged (SoF)

Question 4

What sort of restrictions to modification of marital agreements are okay? Not okay?

Answer 4

Provisions that prevent modification of property rights, including spousal support are okay.
Provisions that prevent modification of child support are not okay.

Question 5

Can sex be the consideration for a cohabitation agreement?

Answer 5

Sadly, no. Cohabitation agreements are generally enforceable, but not if sex is the only consideration.