- Matrimonial Agreements FAQ's -

1. When can they be made?

    

   (a) Before or during marriage.

2. What formality is required?

    

   (a) In writing;

   (b) Subscribed by the parties;

   (c) Acknowledged or proven in the manner required to enable a deed to be recorded.

3. What may they include?

    

   (a) A contract to make a testamentary provision;

   (b) A waiver of any right to elect against a will;

   (c) Provisions for the ownership, division or distribution of separate property;

   (d) Provisions for the ownership, division or distribution of marital property;

   (e) Provisions for amount and duration of maintenance;

   (f) Other terms and conditions of the marriage relationship;

   (g) Provisions for custody, care, education and maintenance of any child of the parties.

4. Limitation upon such provisions:

    

   (a) Provisions for the amount and duration of maintenance 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;

   (b) Other terms and conditions of the marriage relationship 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.