GENERAL

Question 1

Marriage

Answer 1

Civil status or relationship created by the legal union between two persons as a married couple which imposes on the spouses certain duties and responsibilities during the marriage, with legal rights accruing at the termination of the marriage or death of one of the spouses

Question 2

Premarital Agreement

Answer 2

Contracts made by parties prior to and in contemplation of marriage, generally attempting to alter or extinguish the spouses property and support rights under law

General requirements:

1. Writing
2. Signed by the parties

Question 3

Annulment

Answer 3

Judgement declaring the invalidity of a void or voidable marriage

Question 4

Void Marriage

Answer 4

Marriage that is of no legal effect and never was

Question 5

Voidable Marriage

Answer 5

marriage that results from an impediment by one party. Is valid untill the harmed party seeks an annulment

Question 6

Separation Agreement

Answer 6

Agreement between the parties which is executed in contemplation of seperation or divorce, which may settle issues of property divsison and alimony

Question 7

Separate Property

Answer 7

Property that is not subject to equitable distribution because its premarital property. Includes:
Income from and appreciation of prematial property
Gifts
Bequest
Devise
Descent,
Award acquired pursusant to order of legal seperation

Question 8

Marital Property

Answer 8

All property that is not seperate property that is acquired during the marriage up to the date of the final divorce hearing.

Question 9

Invalidity of Premarital Agreements

Answer 9

1. Procedural unfairness during making of agreement
   Factors:
   A. Fullness of disclosure of net worth
   B. Availability of independent counsel OR knowing and voluntary waiver
   C. Whether only spouse has attorney present
2. Substantive unfairness in the agreement
   Test - Was the terms or impact of the agreement unreasonable

UNDER UNIFORM PREMARITIAL AGREEMENT ACT:
Agreement becomes unenforceable if:
There was a lack of voluntariness OR
Lack adequate disclosure AND
Agreement was unconscionable (at signing)

Question 10

Adequate Disclosure of Assets

Answer 10

Must be fair and reasonable disclosure by both parties concerning each party’s property.

DISCLOSURE NOT REQUIRED IF:

1. Voluntary waiver
2. Spouse has access to financial circumstances of the other spouse

Question 11

Voluntariness

Answer 11

Agreement is subject to contractual offenses of fraud, duress, or misrepresentation

Look to the cumulative facts and circumstances

Question 12

Subject Matter of Premarital Agreements

Answer 12

Permissible:

1. Property division
2. Waiver of alimony (Generally, However this will cause the agreement to face scrutiny)

Impermissible:

1. Abrogate or limit child support obligation
2. Sexual Relations