Attacking and Defending Marital Agreements
This treatise is written by National Legal Research Group Senior Attorney Brett R. Turner, together with Laura W. Morgan. It is the only treatise nationwide to address antenuptial, postnuptial, and separation agreements from the viewpoint of the attorney who must deal with them after they have been signed. It is not a drafting manual (though drafting suggestions are offered) but, rather, a complete discussion of the law on validity and construction. It offers complete coverage of nationwide case law on the formation of agreements and the necessary formalities, plus discussion of the defenses of duress, undue influence, fraud, mistake, unconscionability, unfairness, reconciliation, and abandonment. It gives guidance on the construction of unclear terms involving the division of property, spousal support, child support, child custody, and other topics. There is complete coverage of the law on provisions terminating liability for spousal support on account of cohabitation, and on provisions making a parent liable for a child's college expenses. It concludes with an appendix listing cases construing specific ambiguous terms, and with suggested discovery questions on the validity of marital agreements.