Family Court: Characterizing Property
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§6.03 Items Subject to Agreement

Parties to a premarital agreement may contract with respect to all of the following [FC §1612(a)]:

  • The rights and obligations of each of the parties in the property of either or both of them whenever and wherever acquired or located.
  • The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property.
  • The disposition of property on separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event.
  • The making of a will, trust, or other arrangement to carry out the provisions of the agreement.
  • The ownership rights in and disposition of the death benefit from a life insurance policy.
  • The choice of law governing the construction of the agreement.
  • Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.

Caution

   

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