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Are oral agreements about property rights between a husband and wife valid and enforceable when the marriage ends in dissolution or divorce?

This simple-sounding question has no easy answer. The law governing contracts, the Statute of Frauds, the state equitable distribution statute, and pertinent case law must all be consulted to analyze the matter.

Part I of this Manual considers the validity and enforceability of oral nuptial agreements and oral property settlement agreements. Part II discusses the validity of oral agreements made on behalf of divorcing spouses by their lawyers.

National Legal Research Group, Inc.