Domestic Contracts and Family Agreements
Core concepts
Domestic contracts include marriage contracts, cohabitation agreements, separation agreements, and paternity or parenting agreements. They must be in writing, signed, and witnessed where required. Validity depends on full and fair disclosure, independent legal advice, absence of duress or undue influence, and no unconscionability. Courts may set aside contracts for non-disclosure or unfairness. Child support cannot be contracted out of, though parenting arrangements are subject to best interests review. Understand variation, filing, and enforcement.
Traps in questions
- Assuming a signed contract is always enforceable.
- Forgetting the disclosure requirement.
- Overlooking that child support is not waivable.
- Ignoring the need for independent legal advice.
- Confusing a separation agreement with a court order.
Rule of thumb
Writing, signatures, disclosure, independent advice, fairness.
Worked example
A spouse signs a separation agreement without seeing the other's financial statement and without independent advice. A court may set it aside for lack of disclosure. Even a valid contract cannot bar a later child support claim if circumstances change.