Agreements

Question 1

When do you use parol evidence?

Answer 1

Only when language is ambiguous

Question 2

When do you use Casto test?

Answer 2

Prenups before 10/1/07 or postnups

Question 3

Does Casto apply to MSAs?

Answer 3

No.

Question 4

When do Casto and UPAA apply?

Answer 4

Casto before 10/1/07, UPAA after

Question 5

How do you rebut the Casto test?

Answer 5

Full/frank financial dislcosure
OR
General knowledge of financial picture

Question 6

Judge has parties read agreement/MSA onto record in court. Valid?

Answer 6

ONly if accompanied by sworn testimony

Question 7

What can a PNA not waive?

Answer 7

Temp support
Temp fees
Child support
TS
Post-dissultion fees for BIC

Question 8

SOL to enforce FJDOM incorporating MSA?

Answer 8

20 years

Question 9

SOL to set aside MSA in FJDOM?

Answer 9

1 year per 12.540 UNLESS fraudulent FA.

Question 10

What is definition of ambiguous?

Answer 10

Rationally susceptible to more than 1 interpretation

Question 11

What is a latent ambiguity?

Answer 11

Clear language, but add one fact and there’s more than one meaning

Question 12

Standard of review for validity of MSA?

Answer 12

De novo.

Question 13

What is novation?

Answer 13

Mutual agreement to substitute an existing deal with a new deal.

Question 14

What are factors for novation?

Answer 14

Old K
Agreement to new K
Extinguish old K
Valid new K

Question 15

H/W have written PNA from 2013. W says I dont need alimony any more, and H stops paying. Is this a novation?

Answer 15

NO, must be in writing per UPAA

Question 16

Can you abandon an MSA under UPAA?

Answer 16

Only if in writing.

Question 17

How do you prove abandonment?

Answer 17

One party act inconsistent with deal, and other acquiesces.

*must plead affirmative defense

Question 18

How do you attack pna under CASTO?

Answer 18

1- proceudred by FDDCOM, fraud, duress, deceit, coercion, misrep, overreaching
2 - OR, unfair/unreasonable

Question 19

You attack an MSA for being unreasonable. if you prove your case, what happens next?

Answer 19

Presumption of concealment or lack of knowledge

Can be defeated via full/frank disclsoure or general knowledge

Question 20

H/W have prenup. W says I didn’t have counsel, it’s unfair. Court rules?

Answer 20

Too bad, counsel not required.

Question 21

H says “sign PNA or no wedding.” Duress?

Answer 21

No.

Question 22

H/W enter MSA. 6 months later, W says lack of knowledge. Wnats to set aside. Ruling?

Answer 22

Deny. Lack of konwledge doesn’t apply to negotiated MSAs.

Question 23

Under UPAA, what is required?

Answer 23

In Writing

Signed by both

Question 24

How do you set aside Prenup under UPAA?

Answer 24

Not voluntary
OR Fraud, duress, coercion, overreaching
OR Unconscionable AND disclosure issues

Question 25

W contests PNA. OC wants to depose about privileged convos with lawyer. Can they?

Answer 25

No, can’t invade privilege

Question 26

Before challenging MSA, what must you be able to do?

Answer 26

Return other side to status quo from before MSA.

Question 27

What must be said during hearing reading in MSA?

Answer 27

Each party discussed MSA with lawyer and fully undersatnd terms and agree to them.

Question 28

H/W do MSA. Don’t divorce. Doesn’t mention reconciliation. H/W reconcile. 1 year later, W wants to enforce MSA and get money. Ruling?

Answer 28

Deny. Once they reconciled, it negated the MSA.

Question 29

H/W enter into GA MSA. Move to FL. W is moving to enforce. What law do they use?

Answer 29

GA law

Question 30

PNA says H keeps whatever he buys, W keeps whatever she buys. H dies. W wants H’s stuff. Ruling?

Answer 30

Enforce PNA, W doesn’t get H’s stuff, his heirs do.

Question 31

Parties do PNA that says 6 year BTG alimony. Both sign. H moves to set aside. Ruling?

Answer 31

PNA stays, you can change that.

Question 32

Remember, no rewriting contracts!

Answer 32

Just that.

Question 33

MSA says H pays $6k/mo to W, and both waive alimony. H doesn’t pay, W moves for contempt. Ruling?

Answer 33

No contempt. Waived alimony, so this is property distribution, no contempt.

Question 34

H/W have MSA from GA. What law applies?

Answer 34

GA UNLESS
FL citizens
AND paramount public policy violated.