Deck 4: Prenuptial Agreements

Question 1

It is not necessary for a prenuptial agreement to contain the legal requirements of a valid contract.

Answer 1

False

Question 2

The term unjust enrichment means

A) receiving property or a benefit from someone when, in fairness, the recipient should be making restitution for property or providing compensation
B) alimony
C) inheriting a substantial amount of wealth
D) the amount of money held in a trust account

Answer 2

A

Question 3

A prenuptial agreement is a contract that is signed by a couple who are

A) engaged
B) married
C) divorced
D) reconciled

Answer 3

A

Question 4

A prenuptial agreement gives a couple _____ in the event their marriage ends.

A) insurance
B) consideration
C) commitment
D) acceptance

Question 5

If a prenuptial agreement is found to be invalid

A) the state's statutes pertaining to property division and alimony are implemented
B) the judge will decide how to distribute property and support
C) the parties must divide all their assets equally
D) the court will examine the needs and standard of living of each party

Question 6

Any portion of a prenuptial agreement that pertains to child support cannot be modified by a court.

Question 7

Consideration can be the exchange of a promise to do or not do something that you have a legal right to do or to refrain from doing.

Question 8

Most states do not require the full and fair disclosure of all assets in prenuptial agreements.

Question 9

A constructive trust is a remedy to convert the holder of a legal title to property into a trustee for one who in good conscience should reap the benefits of the possession of said property.

Question 10

Both parties involved in a prenuptial agreement should have independent attorney representation.

Question 11

An antenuptial agreement, if entered into in good faith, is a valid and binding agreement, but it is subject to be increased or decreased if one of the parties officially requests such a change.

Question 12

A fundamental element of contract law is that a judge should look within the "four corners of the contract" for what the parties to the contract intended when they created the contract.

Question 13

The purpose of an introductory paragraph in a prenuptial agreement is

A) to make the intentions of the parties clear and support the validity of the agreement
B) to identify the parties entering the agreement
C) to identify the jurisdiction of the court that will hear the case in the event of a divorce
D) All of these choices are correct.

Question 14

_____ is an agreement between two or more persons in which each party binds himself or herself to do or not do an act and each acquires a right to what the other promises.

A) A contract
B) A covenant
C) A full faith and credit clause
D) Consideration

Question 15

The term prenuptial means prior to the wedding.

Question 16

A court will always enforce a contract if both parties read it before signing, even if the court believes the contract is unjust or unconscionable.

Question 17

A prenuptial agreement can be described as a life insurance policy in case the impending marriage meets an untimely demise.

Question 18

A spouse who can prove that the other spouse committed fraud to induce him or her to sign a post-nuptial agreement will have a better chance seeking to prove the invalidity of the post-nuptial agreement.

Question 19

A court may set aside a prenuptial agreement if all the state requirements are not met.

Question 20

All 50 states have adopted the Uniform Premarital Agreement Act.

Question 21

All 50 states have the following general requirements for a valid prenuptial agreement: the agreement must be written; the parties must have contractual capacity; the agreement must not be unconscionable; the agreement must be voluntary and free of fraud, duress, and undue influence; and the parties must fully disclose their _____.

Question 22

Which of the following questions should a trial judge ask in determining whether a prenuptial agreement should be enforced?

A) All of these choices are correct.
B) Was the agreement obtained through fraud, duress, or mistake?
C) Is the agreement unconscionable?
D) Have the facts and circumstances changed since the agreement was executed so as to make its enforcement unfair or unreasonable?

Question 23

In determining the validity of a prenuptial agreement, a court must consider whether there is

A) a fair and reasonable provision for the spouse's relinquishment of his or her rights, full disclosure of what is being relinquished, and an agreement that is entered into freely
B) a fair and reasonable provision for the spouse's relinquishment of his or her rights only
C) a full disclosure of what is being relinquished only
D) an agreement that is entered into freely only
E) None of these choices is correct.

Question 24

What cannot be waived in a prenuptial agreement?

A) child support
B) alimony
C) custody of minor children
D) gifts
E) None of these choices is correct.

Question 25

Courts do not like to go outside of a contract to hear testimony explaining what the parties meant when they wrote the contract. Such testimony is known as _____ and, with few exceptions, is usually frowned upon by the courts.

Question 26

How many states have the Uniform Premarital Agreement Act (UPAA)?

A) 25
B) 27
C) 30
D) 40
E) None of these choices is correct.

Question 27

A prenuptial agreement may also be called a/an _____ agreement.

Question 28

When is a constructive trust used?

A) All of these choices are correct.
B) when the property has been acquired by fraud
C) when a misrepresentation is involved
D) when the circumstances are inequitable for the party holding title to retain the title

Question 29

Which of the following is an element of a contract?

A) All of these choices are correct.
B) offer
C) acceptance
D) mental intent to make a contract
E) consideration

Question 30

A/An _____ relationship is a special relationship of trust.

Question 31

A/An _____ agreement is made between spouses who have reunited following a separation.

Question 32

If Mrs. Jones is unhappy with the trial court's decision, she can appeal. If she is then unhappy with the appellate court's decision, she may have legal cause to ask her state's supreme court to grant her a/an _____ to review the appellate court's decision.

A) petition for certiorari
B) petition for dismissal
C) equitable distribution petition
D) inter alia
E) None of these choices is correct.

Question 33

A/An _____ agreement is a marital agreement made between spouses.

Question 34

A prenuptial agreement can fail a validity test

A) if it fails to follow the state's prenuptial statutes or if the parties fail to provide full and fair disclosure of their finances
B) only if it fails to follow the state's prenuptial statutes
C) if there is no specific statute pertaining to prenuptial agreements
D) only if the parties fail to provide full and fair disclosure of their finances
E) None of these choices is correct.

Question 35

The essential elements of a contract are a valid offer, acceptance, mental intent to make a contract, and _____.

Question 36

What do all 50 states require for a valid prenuptial agreement?

A) the agreement must be in writing, and it must contain all the elements of a valid contract
B) the agreement must be in writing only
C) the agreement must be notarized
D) the agreement must contain all the elements of a valid contract only
E) None of these choices is correct.

Question 37

When a judge finds a prenuptial contract to be unsatisfactory to one or both parties, he or she may decide a _____ is in order.

A) rescission
B) remission
C) recession
D) revision

Question 38

Each state's requirements for creating a valid prenuptial agreement are different and are based on whether the state has enacted the _____.

Question 39

The key issues that a prenuptial agreement should cover include

A) All of these choices are correct.
B) a list of all assets, liabilities, income, and expectations of gifts and inheritances
C) a description of how each party's premarital debts will be paid
D) a description of death benefits
E) a specific listing of the status of gifts

Question 40

A/An _____ is defined as a final judgment for one side in a lawsuit without trial, when the judge finds-based on pleadings, depositions, affidavits, etc.-that there is no genuine factual issue in the lawsuit or a portion of the lawsuit.

Question 41

A/An _____ is a remedy employed by a court to convert the legal title of property into a trust, held by a trustee, for the benefit of a third party who in good conscience should have reaped the benefits of the possession of the property in question.