Before mariage

Question 1

What happens to gifts in contemplation of marriage ?

Answer 1

They have to be returned
(e.g. Engagement rings)

Question 2

Define antenuptial contracts

Answer 2

Premarital contract that addresses the rights of the parties upon divorce or death. Here, the marriage provides the contractual consideration

Question 3

Content of antenuptial contracts?

Answer 3

Uniform Premarital Agreement Act (UPAA) : contracts can cover disposition of property until death or divorce, wills and trusts.

Question 4

Special thing to know about alimony provisions?

Answer 4

They can be included in antenuptial contracts but the Court may find them unenforceable if it leaves the disadvantaged spouse at public charge.

CHILD CUSTODY AND SUPPORT PROVISIONS NEVER BIND THE COURT

Question 5

Requirements for validity of antenuptial contracts

Answer 5

1. In writting and signed;
2. Entered into voluntarly (no duress, fraud or overrreaching);
3. Full and fair disclosure of the parties assets / proof that the party against whom the contract is being enforced had independant knowledge of the assets (UPAA only looks into this if it finds the agreement unconsionable)

(4. Some courts require that the economic provisions be fair and reasonable)

Independant counsel are not required but help for the court to find that