What is required for an agreement made in consideration of marriage to be enforceable?

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For an agreement made in consideration of marriage to be enforceable, it must be in writing. This requirement is rooted in the Statute of Frauds, which is a legal doctrine that mandates certain types of contracts, including those related to marriage, to be documented in writing to prevent misunderstandings and ensure clarity and accountability between the parties involved.

Having the agreement in writing protects both parties by providing a tangible reference to the terms agreed upon, which can be critical in case of disputes. Verbal agreements, while they can be binding under certain conditions, do not provide the same level of security and clarity as written contracts in the context of marriage-related agreements. Furthermore, notarization is not a requirement for enforceability, and while actions may imply agreement in some scenarios, they do not provide the same legal standing as a written document. Therefore, a written agreement is essential to assure enforceability in the context of agreements made in consideration of marriage.

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