Marital Agreements Flashcards
(13 cards)
What is a premarital agreement?
A premarital agreement is a contract made before the marriage that typically contains terms that govern division of property or spouse support upon divorce or death.
When is a premarital agreement enforceable?
A premarital agreement is enforceable if:
1. There has been full disclosure.
2. The agreement is fair and reasonable; and
3. It was voluntarily entered into.

Will a court uphold cause is relating to child custody and support in a premarital agreement?
Clause is relating to child custody and support our unenforceable.
What factors do courts consider to determine whether a premarital agreement was entered into voluntarily?
Courts consider factors such as time, pressure and opportunity to be represented by independent counsel. A parties insistence on an agreement as a condition to marriage does not make it involuntary.
What is procedural fairness?
To determine whether a premarital agreement has procedural fairness, the court will look for factors such as duress, undue influence, misconduct by mediator, and whether the party had independent representation.
How will a court determine whether a premarital agreement has substantive fairness?
The court will consider the fairness of the terms themselves.
What is the current trend for courts enforcing contractual agreements related to premarital agreements?
The current show is for courts to enforce contractual agreements that may not be fair as long as there has been fair disclosure.
What is full disclosure?
Pre-agreements must provide full disclosure of financial status, including income, assets, and debts of all parties.
What are separation agreements?
A separation agreement is made between spouses who are planning for divorce to define property division, spousal support, child support, custody, and visitation. Terms related to children are always modifiable by the court, if necessary for the best interest of the child.
When will a separation agreement be in validated?
A separation agreement may be invalidated in part or in hole if a party can show unconscionability or fraud.
What are property settlement agreements?
Property settlement agreements settle the economic issues of the marital estate. They are entered into by the parties before a divorce decree is issued & may be invalidated in part or if a party can show unconscionability or fraud.
What law will states apply when determining the validity of a premier agreement? (Conflict of law)
When you tell me, the validity of a premarital agreement, states will apply the law of either
1. The state in which the agreement was executed, or
2. The state with the most significant relationship to the parties in transaction.
Explain the indigent spouse concept as applied to premarital agreements.
In agreement may be set aside if it would leave one spouse wolf, fully improvised to the extent that the spouse becomes dependent on the state.
