Marital Agreements + Relationships b/t Family and State

Question 1

What are the conditions require for a premarital agreement to be enforceable?

Answer 1

1. Full Disclosure
2. Agreement was fair and reasonable
3. Voluntary

Question 2

Must a premarital agreement must be in writing and signed by the party to be charged in order to be enforceable?

Answer 2

Yes, per SOF

Question 3

What is the governing act that one must employ to show that a premarital agreement is unenforceable?

Answer 3

Uniform Premarital Agreement Act (UPAA)

Question 4

What are the elements to show under the UPAA that a marital agreement is unenforceable?

Answer 4

1) Involuntariness (fraud, duress, coercion) OR
2) Unconscionability when executed + lack of reasonable knowledge or disclosure of the other’s assets/obligations

Question 5

If a party insists that the other enter into a premarital agreement amount to duress?

Answer 5

No, does not make it involuntary.

Question 6

At what point do courts look to see if a premarital agreement was fair and reasonable?

Answer 6

At the time of execution (majority)
At the time of enforcement (minority)

Current trend: full disclosure equates to fair

Question 7

What is included in the requirement for full disclosure in a premarital agreement?

Answer 7

Financial status, including income, assets, and debts of parties.

Question 8

How may a party invalidate a separation or property settlement agreement?

Answer 8

Party seeking to invalidate asserting unconscionability or fraud

Question 9

Conflict of law: how to decide which law to follow in enforcing a premarital agreement?

Answer 9

1. State in which the agreement was executed OR
2. State with the most significant relationship to parties and transaction

Question 10

How is adoption defined?

Answer 10

1. Statutory legal action
2. Previous parent-child relationship is terminated
3. New parent-child relationship is established

Question 11

Do unwed fathers have substantive due process rights?

Answer 11

Yes, unwed fathers have substantive due process rights if they have shown commitment to being a parent.

This includes the right to object to the termination of parenting rights by an adoption.

Question 12

Can a court dissolve an adoption?

Answer 12

Generally no, but some states have permitted in limited circumstances. Look to: length of relationship, child’s needs, and parent’s motives.

Question 13

Can a court intervene with a parent’s decision on how to raise the child?

Answer 13

If a parent is negatively impacting the best interests of the child, yes. Ex: medical care v. religious beliefs

States ARE permitted under police powers to require vaccinations and refuse admission to public schools for students who ail to receive them (no constitutional violation)