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 Approach [4] Effectiveness of Waivers in Marriage Contracts Regarding Subsequently Enacted Equitable Distribution Statutes

§ 4.04 Spouse Buying

§ 4.05 Formal Requirements Applicable in Some States

[1] Recordation or Acknowledgment
[2] Witnesses

§ 4.06 Distinguishing Between Premarital, Post-Marital and Reconciliation Agreements

[1] Post-Marital Agreements
[2] Reconciliation Agreements

§ 4.07 Amendment or Revocation of a Marital Agreement

§ 4.08 Conflict of Laws and the Validity of a Marriage Contract

[1] Agreements Signed in the U.S.
[2] Agreements Signed Outside the U.S.

§ 4.09 Severability

§ 4.10 Contractual Provisions Regarding Matters Other Than Property or Support

§ 4.11 Provisions Regarding Child Custody and Child Support

§ 4.12 Limitation of Actions and Laches

§ 4.13 Promises to Convey Property During Marriage

§ 4.14 Miscellaneous Marriage Contract Issues

[1] Contingent Marital Rights
[2] Agreements Regarding Attorneys' Fees in Divorce
[3] Agreement to Arbitrate
[4] Confidentiality
[5] Enforcing Religious Contracts
[6] Limiting Divorce Grounds
[7] Waiving Rights in Pension Plans
[8] Relevance of Misrepresentations
[9] Deciding Whether a

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