Marital Agreements between Family and State

Question 2

premarital agreement

commonly tested area

Answer 2

an agreement created before marraige that divides property and assigns rights in the event of a divorce

cannot waive child support

Question 3

how to create a vaild premarital agr

Answer 3

1) signed and written
2) fully disclosed information
3) fair and reasonable
4) voluntarily entered into

Question 4

What uniform standard dictates marital agreements

Answer 4

UPAA
uniform premarital agreement act

Question 5

UPAA invalid premarital agreement

Answer 5

1) involuntarily entered into
2) unconscionable when executed (lack of disclosure)

Question 6

UPAA voluntariness standard

Answer 6

timeing -> was there time to consider other options

insistance alone will not be consdiered involuntary

Question 7

UPAA unconscionablity

Answer 7

procedural: look for independent counsel or mediator
substantive: time of execution it was fair and reasonable

**if there is full disclosure the agr. will be fine **

Question 8

property settlment agreements

Answer 8

specifically made for property division, cusotdy and visitation

often merged into final divorce

can be invalidated for unconsioability or fraud

Question 9

conflcit of laws marital agreements

different states enforcment

Answer 9

always run two analysises
1) look at the state the agreement was excuted in
2) look at the state which has the most connection relationship to the parties of the transaction

Question 10

dissolving adoptions

Answer 10

cannot be dissolved unless
1) undisclosed mnetal or physical illness
consider the lenght of relationship and the parents motives

Question 11

unwed fathers rights w adoption

Answer 11

can object to the termination of thier parental rights by adoption of another parent

Question 12

parental authority

Answer 12

parents have authortity to make decsions for children
CT can reuqire vaccinations and refuse public school admission without vax