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Matrimonial Agreements

What Constitutes a Matrimonial (or Marital) Agreement?

Matrimonial Agreements include Pre-Nuptial and Post-Nuptial Agreements, Separation Agreements and Settlement Agreements made by the two spouses

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When can Matrimonial Agreements Be Made?

Before or during the marriage.

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What Formality is Required in Order to Make Such Agreements Valid and Enforceable?

Agreements must be in writing; signed by both parties and notarized.

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What may Be Included in Such Agreements?

The following may be included in a Matrimonial Agreement:

  • A contract to make a testamentary provision or
  • A waiver of any right to elect against a will
  • Provisions for the ownership, division or distribution of separate property; Provisions for the ownership, division or distribution of marital property; Provisions for the amount and duration of maintenance; these provisions must be fair and reasonable at the time of making the agreement and must not be unconscionable at the time of entry of final judgment
  • Other terms and conditions of the marriage relationship; these provisions must be fair and reasonable at the time of making the agreement and must not be unconscionable at the time of entry of final judgment
  • Provisions for custody, care, education and support of any child of the parties

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For More Information on Matrimonial Agreements

For More Information on Pre-Nuptial Agreements

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