Family Law Essay Stuff

Question 1

Enforceability of a Premarital Agreement

Answer 1

In many states, a premarital agreement is enforceable if there has been full disclosure, the agreement is fair and reasonable, and it is voluntary. The agreement must be in writing and signed by the party to be charged.

Question 2

Under the Uniform Premarital Agreement Act, the party against whom enforcement is sought must prove…

Answer 2

(1) involuntariness or (2) both unconscionability at the time of execution and lack of disclosure and adequate knowledge of the other’s assets and obligations. Thus, a court may not refuse to enforce a premarital agreement based on substantive unfairness unless it also finds lack of adequate disclosure or knowledge. Full disclosure requires disclosure of all income, assets, and liabilities of both parties.

Question 3

Entering into an Agreement Voluntarily

Answer 3

Entering into a contract voluntarily generally means there was no fraud, duress, or misrepresentation. Courts consider factors such as time-pressure, the parties’ previous business experience, and the opportunity to be represented by independent counsel. A party’s insistence on the agreement as a condition to marriage is not considered duress.

Question 4

Objective of Equitable Distribution

Answer 4

Order a fair distribution of all marital property, taking into consideration all of the circumstances between the parties.

Question 5

Appreciation in Non-Marital Property

Answer 5

Whether the appreciation in nonmarital property will be subject to equitable distribution will depend on whether the appreciation can be attributable to spousal labor.

Question 6

Property Acquired During Separation

Answer 6

In most states, property acquired by one spouse after separation but before divorce is marital property.

Question 7

Separation agreements can be invalidated…

Answer 7

in whole or in part, if the court makes a finding of fraud or unconscionability

Question 8

A contract is unconscionable when…

Answer 8

it is so unfair to one party that no reasonable person in the position of the parties would have agreed to it. The contract or part of the contract at issue must have been offensive at the time it was made. Unconscionability may also be applied to prevent unfair surprise.

Question 9

Domestic Relations SMJ

Answer 9

State courts have subject matter jurisdiction over domestic relations issues. A petition to modify a property settlement related to divorce is a domestic relations issue

Question 10

Personal Jurisdiction

Answer 10

The court may exercise personal jurisdiction over an individual if that person is voluntarily present in the state and served with process while there. A court may not exercise personal jurisdiction over a defendant unless the defendant has minimum contacts with the state in which the court sits and the exercise of jurisdiction would be fair and reasonable.