marital K + cohabitation

Question 1

marital agreement

Answer 1

agreement btwn parties that intend to stay married

Question 2

list (3)

separation agreements

Answer 2

agreement entered into after marriage under which parties agree to live apart and resolve economic issues and custody rights. Parties can waive alimony or property division Court not bound to agreements regarding child custody

1. agreement has to be voluntary to be enforceable
2. need full and fair disclosure by both parties
3. need consideration

Question 3

what happens when divorce + separation agreements are merged

Answer 3

treated as one agreement and can be modified by court

Question 4

what happens when divorce + separation agreements are not merged

Answer 4

treated as separate Ks and enforceable as is

Question 5

what can always be modified and why

Answer 5

child support and custody to be in the best interest of the child

Question 6

when are Ks btwn unmarried couples valid? invalid?

Answer 6

Express agreements

Valid - valid regarding earnings and property rights

invalid - if sex is the only consideration

Implicit agreements

can also be used to award property btwn unmarried cohabitants including spouse who divorced and then resumed living together