agreements Flashcards
what test is used to determine when should a prenup be enforced
(1) Was the agreement obtained through fraud, duress, or mistake, or through misrepresentation or nondisclosure of material facts?
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2) Is the agreement unconscionable?
(3) Have the facts and circumstances changed since the agreement was executed, so as to make its enforcement unfair and unreasonable
when will a court enforce agreemnt in familty court
o Must be approved by court order in order to later enforce agreement in family court
what is a prenup
agreement made before marriage, usually to resolve issues of support and property division if the marriage ends in divorce or death of spouse
what does it mean for an agreement to be unconsionable
o Absence of meaningful choice on party of one party due to one-sided contract provisions together with terms that are so oppressive that no reasonable person would make them and no fair and honest person would accept them
what does duress mean in agreement context
condition of the mind produced by improper external pressure or influence that practically destroys free agency of party and causes him to act or form contract not of his own volition
