Note: This is NOT LEGAL ADVICE.

Historically, domestic contracts were not enforceable in common law because these contracts generally lack what’s called “consideration,” or an exchange of valuables for the agreement.

In modern times, domestic contracts are recognized as a result of family law legislation. However, there are a few requirements and exceptions. The following are some examples:

• The contract must be in writing.
• The contract is subject to the best interests of the children. Child support takes priority over spousal support.
• Matrimonial homes cannot be excluded from equalization.
• Clauses requiring chastity are not enforceable.
• Bars to remarriage are not allowed.
• Breach of promise of marriage is not actionable.