Nancy and Mike are getting divorced and Mike desperately wants to have custody of their children because he thinks they are not safe with Nancy since she has been abusive to them in the past, although the abuse has never been documented. Nancy tells him he can have the children if he gives her the marital residence and half his pension, leaving him with no assets except his checking account and automobile. These terms are put into the parties’ separation agreement. The agreement may not be valid because a court may find that it did not meet which of the following requirements for a valid contract?
Which of the following devices can be used to establish rights between cohabiting partners?
Amy executed a premarital agreement ten years ago without consulting an attorney. She was so excited to be getting married that she signed the agreement given to her by her husband’s lawyer to sign the night before the wedding. Now, at the time of her divorce, she realizes that she made a bad bargain. What is likely to happen if her husband seeks to enforce the agreement?
Which of the following BEST describes the sequence of steps in the property division process?
Joe and Claudia divorced five years ago. Claudia retired last year and receives social security but no pension. Joe retired this year and is receiving social security and a pension that was not mentioned in the parties’ separation agreement at the time of their divorce. Claudia tells Joe that she wants half his pension but Joe tells her she is out of luck. He disclosed it and she knew about it at the time of the divorce and was not given a share. If he is right, this is an example of what can happen when which of the following characteristics of an effective separation agreement is most clearly not satisfied.
If the parties want their marital/separation agreement to continue to exist as an independent contract, they want it to be
Which of the following is NOT true of cohabitation?
If both parties to a separation agreement have been advised by their own attorney
Which one of the following is LEAST likely to be considered a phase in the property division process?
An agreement made by two persons about to be married in which they define for themselves property rights, duties, and responsibilities which flow from the marital relationship and which would otherwise be determined by state law upon divorce, separation, annulment, or death is which of the following?
Which of the following statements accurately describes separation agreements?
Which of the following is the BEST statement of how liabilities are treated upon divorce?
Which of the following statements is TRUE with respect to factors considered by the courts when making alimony decisions?
Which of the following would NOT be considered a boilerplate provision?
If a premarital agreement is held to be invalid,
If one of the parties will become destitute if a premarital agreement is enforced, the court is likely to
Separation agreements may take all BUT which one of the following forms:
Which of the following is an agreement made between spouses in anticipation of an imminent divorce or legal separation?
Which type of alimony is usually awarded when one spouse has delayed their education or career to remain at home and take care of the children and the household?
Which of the following statements is NOT true regarding property the courts can divide at the time of a divorce?
Which of the following statements is TRUE with respect to property division?
Trixie’s ex-husband, Hank, has been failing to make any court-ordered alimony payments to her since she started cohabiting with her new boyfriend, Fonzie. She has no intention of marrying the Fonz because she wants to continue to receive alimony and besides, Fonz is contributing nothing towards her rent or living expenses. All but which one of the following statements is NOT true with respect to enforcement of her spousal support award?
Which of the following types of agreements is executed after the parties marry in order to settle the terms of their pending divorce or legal separation?
Which of the following is an example of the substantive fairness of a premarital agreement?
A separation agreement covers:
The most common roles of the court with respect to separation agreements include all BUT which one of the following?
Jason is getting married next summer for the second time. Because he had a difficult divorce after his first marriage, several of his friends have recommended that he execute a premarital agreement with his fiancé, Amy, even though she is reluctant to do so. He wants to protect the property he has accumulated over the years and doesn’t want to have to pay alimony to a second wife. Which of the following provisions is his premarital agreement likely to contain?
Judie and Ben are getting divorced after thirty years of marriage. They have a limited number of assets: the home which they bought together but put in Ben’s name for estate planning purposes; a stock portfolio that they built together that Judie managed and increased in value beginning with stocks initially selected by Ben, and a sailboat for which Ben paid the down payment and Judie paid the mortgage. Ben receives a substantial social security check each month and Judie a much smaller one. Which of the following would courts in most states be LEAST likely to consider marital property subject to division upon Judie and Ben’s divorce?
Which of the following provisions in a cohabitation agreement is LEAST likely to be enforced:
When a marital home is an asset of the parties, the court will: