CHAPTER 4 Marital Agreements

• Jurisdiction: United States
• Publication year: 2021

CHAPTER 4 Marital Agreements

Chapter Contents

§ 4.01 Introduction

§ 4.02 The Traditional Rule of Nonenforceability

§ 4.03 Modern Enforceability: Generally Accepted Equitable Limits

[1] Written Agreement
[2] Fraud
[3] Disclosure
[4] Voluntary Execution
[5] Independent Counsel
[6] Agreement Cannot Encourage Divorce
[7] Consideration
[8] General Contract Rules
[9] Altering Fundamental Elements of Marriage
[10] Reading and Understanding the Agreement
[11] The Relevance of Marital Fault
[12] Modifying the Contract
[13] The Contract Must Clearly Apply to Divorce

§ 4.03A Points of Disagreement and Other Concerns

[1] Contracts Limiting Alimony
[2] Unfair Property Division Contracts

[a] In General
[b] Change in Circumstances

[3] Retroactive Application of the Modern

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