Marital Agreements

Prenuptial agreements

100

Required formalities for prenup.

What are:

1) In writing, signed by both parties

2) before marriage

3) no consideration required?

200

These cannot be addressed in a prenup.

What are child custody and child support provisions?

300

These things can be addressed in a prenup (9).

What are:

1) Property rights

2) Spousal support

3) Free trader

4) Outcome of property held by tenants by the entirety

5) Arbitration clause

6) Adultery clauses

7) Marking a will or trust to carry out agreement

8) Life insurance

9) Choice of law?

400

If marriage is voided, then this can happen to prenup.

What is it may still be enforceable to the extend necessary to avoid an inequitable result?

500

A prenup is unenforceable when if one of these. 

What are lack of voluntary execution or unconscionability?

600

Unconscionability in a prenup.

What is:

• Agreement unconscionable when executed AND non-disclosure before execution unless there’s a valid/express waiver of disclosure
• Substantive unconscionability: unfairness in the agreement; no reasonable person would have signed because of unfairness of the terms
• Procedural unconscionability: unfairness in the bargaining process; duress, last minute, one party had attorney, etc.; procedural unconscionability sounds like involuntary execution, but it is not the same and procedural unconscionability easier to prove
• NEED BOTH

Postnuptial agreements

100

This must be the parties' intent to enter into a postnup.

What is to stay together?

200

A postnup may or may not have this.

What is consideration?

300

This is not waivable in a postnuptial agreement.

What is any type of spousal support?

Separation Agreements

100

Four main requirements for a separation agreement.

What is 

1) Must be or have been married

2) separated or intending to separate substantially contemporaneously with execution

3) Notarized

4) Can't be void as to public policy?

200

Separation agreements may be this when parties get divorced.

What is incorporated into the divorce judgment?

300

This is not binding on a Court when incorporated.

What are custody provisions?

400

Child support in a separation agreement can be modified this way. 

What is by showing a substantial change in circumstances?

General principals

100

This must be express to be enforceable.

What is an alimony waiver?

200

Any amendments need this. 

What is to be made with the same level of formaility?

300

If a prenup waives spousal support, a party may still be awarded support if this.

What is the party becomes eligible for public assistance?