Marital Contracts

Question 1

Separation Agreements

Answer 1

1-entered into after marriage and is enforceable if supported by consideration
2-just like premarital agreements, must be full and fair disclosure and the agreement must be entered into voluntarily
3-parties can waive alimony or property division and parties can agree on custody and child support, but court is not bound by the parties’ contract concerning children
4-modifications:
i-Merged into the divorce decree: if divorce decree includes the terms of the agreement or expressly merges them, the provisions become part of the court order–modifiable by the court & subject to contempt
ii-Non merger-if parties of not submit the agreement to the court, the K is non modifiable and is enforceable only by K remedies
NOTE-child support and custody can always be modified if in best interest of the child