Marital contracts

Question 1

define

Separation agreements

Answer 1

Agreement entered into after marriage under which the parties agree to live apart and resolve economic issues.

Must be :
- voluntary
- full and fair disclosure by both parties
- consideration (here, mutual promises by both parties)

Question 2

Modification?

Answer 2

If the separation agreement is merged in the divorce decree = jugement of court and can be modified as such.

If the separation agreement is not merged = enforceable and modificable as a contract.

Provisions regarding children can always be modified if its in the best