Martial Agreements Flashcards
Martial agreements are subject to
Contract law
Types of martial agreement
1) prenup
2) postnup
3) Separation Agreement
A separation agreement is made
by a martial couple in contemplation of separation
Courts will enforce a separation agreements
unless unconscionable
Court can modify a separation agreement for child support when
they are not in the best interest of the child
If a separation agreement that is signed by the parties is filed before the entry of a final decree
The must modify its decree to conform to the agreement
If an agreement is incorporated into a decree it is then
enforceable as a court order
if an agreement is not incorporated into decree
it is enforceable a as a contract
If spouses get back together
Then separation agreement dies
What can you put into a martial agreement
1) Property, disposition of property
2) Support
3) Choice of law
4) anything not in violation of public policy
What makes a Martial Agreement valid
1) Has to be signed and in writing
2) Must be executed voluntarily
(Did party have time to consult consul)
(not rushed timing wise)
3) There must have been a fair and reasonable disclosure of finances
4) Terms is not unconscionable
(was spouse willfully improvised so much so they rely on the state)
Martial agreements can be modified if
In a signed writing
