Martial Agreements

Question 1

Types of Marital Agreements

Answer 1

(1) Premarital Agreements
(2) Separation Agreements
(3) Property-Settlement Agreements

Question 2

Marital Agreements Requirements

Answer 2

Must be:

(1) In WRITING; and
(2) SIGNED BY BOTH PARTIES

Question 3

Premarital Agreements: Modification/Revocation

Answer 3

Can be modified or revoked by CONSENT and in WRITING

Question 4

Separation Agreements: In General

Answer 4

Generally deal with issues relating to property division, spousal support, and child custody support

Generally merged into a final decree upon divorce

Question 5

Separation Agreements: Disclosure

Answer 5

Must be based upon FULL AND FAIR DISCLOSURE

Question 6

Separation Agreements: Property and Spousal Support

Answer 6

Generally upheld so long as there was no FRAUD or UNCONSCIONABILITY

Question 7

Property Settlement Agreements

Answer 7

Agreements that settle economic issues of support and property prior to a divorce decree

Generally upheld so long as there was no FRAUD or UNCONSCIONABILITY

Question 8

Validity of Marital Agreements

Answer 8

There must be:

(1) Full disclosure of FINANCES;
(2) FAIR AND REASONABLE terms; and
(3) VOLUNTARILY entered without fraud or duress

Question 9

Impoverished Spouse

Answer 9

An otherwise valid agreement may be set aside if it results in EXTREME HARDSHIP