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Marital Agreements Flashcards

(10 cards)

1
Q

Are parties permitted to make contractual agreements regarding their property and spousal support?

A

Yes!

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2
Q

What must these agreements be?

A

In writing and signed

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3
Q

What are these agreements subject to?

A

Contract law

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4
Q

Can these agreements be modified?

A

Yes in writing

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5
Q

Do marital agreements require separate consideration?

A

No, there is a mutual promise and benefit

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6
Q

What law is applied in determining choice of law?

A

The law of the state that has the most significant relationship to the marriage

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7
Q

When will a prenuptial agreement not be enforce?

A

If: 1) There was no full and fair disclosure as to assets and obliations;2) The terms of the agreement were not fair and reasonable, and 3) the agreement was not entered into voluntarily

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8
Q

In order for a prenuptial agreement to be fair, what must be present?

A

Procedural and substantive fairness.

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9
Q

What is procedural fairness?

A

The understanding and execution of the agreement must be fair

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10
Q

What is substantive fairness?

A

Terms of the contract must be fair

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