Marital Contracts and Contracts Between Cohabitants Flashcards
1
Q
Marital Agreements - General Concept
A
- agreement between spouse who intend to remain married
- usually alters or confirms marital rights or obs during marriage or at separation, dissolution or death
- often concern property rights
2
Q
Requirements for Marital Agreements
A
- most states treat them the same as premarital agreements in terms of reqs
3
Q
Separation Agreements
A
- agreement entered into after marriage under which the parties agree to live apart + resolve con issues (spousal support, property division + child support) + custody rights
4
Q
Requirements for Separation Agreements
A
To be enforceable:
-must be voluntary
- must’ve been a full + fair disclosure by both parties
- must be consideration
-> consideration found in the mutual promises of both parties
5
Q
Separation Agreements - What Can Parties Do
A
- can waive alimony or property division
- can agree on custody + child support
- BUT court not bound by their contract re children -> only enforced if in child’s best interests
6
Q
Separation Agreements - Modification
A
- if divorce decree states that the separation agreement is merged into the decree, or if the specific provisions are repeated in the decree, the whole agreement assumes the status of a court judgment
-> is enforceable as such + can be modified by the court - if agreement ISN’T merged in that way, it retains its separate character as a contract + is enforceable as such
7
Q
Separation Agreements - Modification + Child Support/Custody
A
- child support + custody provisions can always be modified if it’s in the best interest of the child
8
Q
Contracts Between Unmarried Cohabitants
A
- express Ks between unmarried cohabitants re earnings + property rights
- generally valid + will be enforced
- unenforceable if sex is the only consideration
- some courts have used implied Ks to award property between unmarried cohabitants, including former spouses who divorced + then resumed living together
