MARITAL CONTRACTS AND CONTRACTS BETWEEN COHABITANTS

Question 1

MARITAL AGREEMENTS

Answer 1

• Marital agreement: agreement between spouses who intend to remain married.
• A marital agreement: alters/confirms marital rights/ obligations during marriage/at separation, dissolution, or death.
• Most often, these agreements concern property rights.
• Most states treat premarital & marital agreements under the same set of principles & requirements

Question 2

SEPARATION AGREEMENTS

Answer 2

• A separation agreement is an agreement entered into after marriage under which parties agree to live apart & resolve economic issues (spousal support, property division, & child support) & custody rights.
• To be enforceable, agreement must be voluntary, there must have been a full & fair disclosure by both parties, & there must be consideration.
• Consideration for the agreement is found in mutual promises of parties.
• In a separation agreement, parties can waive alimony/property division & parties can agree on custody & child support, but ct is not bound by parties’ K concerning children.
• Child custody and support provisions will be enforced by ct only if they are in the child’s best interest.

Question 3

Modification

Answer 3

• If divorce decree states that separation agreement is merged into decree, or if specific provisions of agreement are repeated in decree, the whole agreement assumes status of a ct judgment, is enforceable as such (subject to contempt), & can be modified by the ct.
• If agreement is not merged in this way, it retains its separate character as a K & is enforceable as such.
• Child support & custody provisions can always be modified if it is in best interest of child.

Question 4

CONTRACTS BETWEEN UNMARRIED
COHABITANTS

Answer 4

• Express Ks between unmarried cohabitants regarding earnings & property rights are generally valid & will be enforced.
• These Ks are unenforceable if sex is the only consideration.
• Some cts have used implied Ks to award property between unmarried cohabitants, including former spouses who divorced & then resumed living together.