Marital Agreements

Question 1

Premarital Agreements

Answer 1

A premarital (also known as “prenuptial” or “antenuptial”) agreement is a contract made before the marriage, typically containing terms that relate to division of property or spousal support in the case of a divorce and at death.

Question 2

Separation Agreement

Answer 2

A separation agreement is a contract made between spouses who are planning for divorce.

Question 3

Property Settlement Agreement

Answer 3

A property-settlement agreement is a contract entered into by the parties before a divorce decree is issued for settling the economic issues of the marital estate.

Question 4

Validity of Marital Agreements

Answer 4

A premarital agreement is enforceable if there has been full disclosure, the agreement is fair and reasonable, and it is voluntary. The agreement must be in writing and signed by the party to be charged. The burden of proving its invalidity is by clear and convincing evidence.