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Page 5 of 15 |
Can premarital and post-marital agreements alter the division of marital (community) property? |
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Yes, as long as the agreement meets with requirements the state’s law imposes.
In a "premarital agreement", the prospective husband and wife may agree upon the rights that each will have to the property that they bring into the marriage, and/or acquire during the marriage. They may also agree as to the amount of support owed to the other in the event of divorce, and their respective inheritance rights. The premarital contract, if properly made, with sufficient disclosure, alters the state's typical rules for the division of marital property upon divorce or death.
A post-marital agreement may alter the rules for the division of property between the spouses in the event of divorce or death. A Marital Settlement Agreement is a particular form of post-marital agreement that specifies the distribution of property and responsibility for debt between the respective spouses as part of a divorce. |
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