Martial Agreements Flashcards

1
Q

Martial agreements are subject to

A

Contract law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Types of martial agreement

A

1) prenup
2) postnup
3) Separation Agreement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

A separation agreement is made

A

by a martial couple in contemplation of separation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Courts will enforce a separation agreements

A

unless unconscionable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Court can modify a separation agreement for child support when

A

they are not in the best interest of the child

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

If a separation agreement that is signed by the parties is filed before the entry of a final decree

A

The must modify its decree to conform to the agreement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

If an agreement is incorporated into a decree it is then

A

enforceable as a court order

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

if an agreement is not incorporated into decree

A

it is enforceable a as a contract

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

If spouses get back together

A

Then separation agreement dies

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What can you put into a martial agreement

A

1) Property, disposition of property
2) Support
3) Choice of law
4) anything not in violation of public policy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What makes a Martial Agreement valid

A

1) Has to be signed and in writing

2) Must be executed voluntarily

(Did party have time to consult consul)
(not rushed timing wise)

3) There must have been a fair and reasonable disclosure of finances

4) Terms is not unconscionable

(was spouse willfully improvised so much so they rely on the state)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Martial agreements can be modified if

A

In a signed writing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly