Marital Contracts and Unmarried Cohabitants

Question 1

What is a Marital Agreement?

Answer 1

An agreement between spouses who intend to remain married. A marital agreement usually alters or confirms marital rights or obligations during the marriage or at separation, dissolution, or death.

• Most often, these agreements concern property rights.
• Most states treat premarital and marital agreements under the same set of principles and requirements

Question 2

What is a Seperation Agreement?

Answer 2

A separation agreement is an agreement entered into after marriage under which the parties agree to live apart and resolve economic issues (spousal support, property division, and child support) and custody rights.

To be enforceable, the agreement must:

1. Be voluntary
2. A full and fair disclosure by both parties
3. There must be consideration