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Difference between revisions of "Marriage Agreements"
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Marriage Agreements (view source)
Revision as of 22:47, 17 September 2014
, 22:47, 17 September 2014→Legal and formal requirements of a marriage agreement
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*A marriage agreement must be in writing. | *A marriage agreement must be in writing. | ||
*The agreement must be signed by each party, and should be signed in the presence of a witness. Although an agreement made without a witness can still be valid and binding, it is a very good idea to have a witness (or witnesses) because she (or they) can confirm that the parties signed the agreement. In addition, sections 94 and 165 of the [[Family Law Act]] provide that a court cannot make an order about division of property and debt or spousal support that has been dealt with in a written, witnessed agreement between the parties unless the court has set aside the agreement. | *The agreement must be signed by each party, and should be signed in the presence of a witness. Although an agreement made without a witness can still be valid and binding, it is a very good idea to have a witness (or witnesses) because she (or they) can confirm that the parties signed the agreement. In addition, sections 94 and 165 of the ''[[Family Law Act]]'' provide that a court cannot make an order about division of property and debt or spousal support that has been dealt with in a written, witnessed agreement between the parties unless the court has set aside the agreement. | ||
*Neither party should be under a legal disability when they sign the agreement, however children who are parents or spouses may enter into a binding agreement. | *Neither party should be under a legal disability when they sign the agreement, however children who are parents or spouses may enter into a binding agreement. | ||
*The agreement must clearly identify the parties and the nature of their rights and obligations to one another. | *The agreement must clearly identify the parties and the nature of their rights and obligations to one another. | ||