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Do marriage contracts need to be in writing?

Yes, marriage contracts fall under the statute of frauds, which means that they must be in writing. Contracts that offer marriage as part of the consideration in terms of the deal is required to be evidenced in writing. While oral agreements to marriage can still be enforceable, its better to have marriage contracts in writing.

The example below illustrates that when consideration is marriage, it needs to be in writing to be enforceable:


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    The statute of frauds stipulates that certain kinds of contracts must be in writing to be enforceable. Under the statute of frauds, the contract must be memorialized in writing, it must be signed by the party to be charged, and there must be sufficient evidence that the contract exists. There are a number of types […]