Marital Agreements Flashcards
1
Q
What are the requirements for a prenup?
A
1) made before the marriage
2) A valid marriage serves as consideration.
3) Must expressly state applicability to divorce proceedings
4) Majority of courts find statements regarding child support and custody unenforceable.
2
Q
What are the requirements for all marital agreements?
A
1) Full Disclosure
2) Fair and reasonable
3) voluntary
4) In writing
5) signed
3
Q
What is the impact of a voided marriage on a pre-marital agreement?
A
The premarital contract is enforceable only if it will avoid an inequitable result.
