Difference between revisions of "Marriage Agreements"

Marriage Agreements (view source)

144 bytes added , 20:06, 2 July 2019

7,366

edits

@@ Line 76: / Line 76: @@
 *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.
-*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. Note, however, that being a minor is not a legal disability in cases where that person is also a parent or a spouse. In such a case, that person can be under the age of majority, but can still enter into a binding agreement.
 *The agreement must clearly identify the parties and the nature of their rights and obligations to one another.