Question 1

A premarital agreement can relieve a spouse of the obligation to pay child support if the couple has children when they are married.

Accepted Answer

Premarital agreements cannot override the legal obligation to pay child support for any children that the couple has during their marriage.

Question 2

Marvin v. Marvin held that every state must give palimony rights to someone who has left a nonmarital relationship.

Accepted Answer

Marvin v. Marvin was a California case in which the court recognized the right of a nonmarital partner to seek financial support or "palimony" from their former partner under certain circumstances. This decision did not apply to every state and was eventually codified in California law. However, it did pave the way for other states to consider similar laws and recognize the rights of nonmarital partners in certain situations.

Question 3

A separation agreement is sometimes referred to as a postnuptial agreement.

Accepted Answer

A separation agreement can also be called a postnuptial agreement as it is an agreement made by a couple after they are married but before they are divorced or separated.

Question 4

Give examples of topics that cannot be included in a premarital agreement.

Accepted Answer

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Question 5

Give examples of topics that can be included in a premarital agreement.

Accepted Answer

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Question 6

Once a premarital agreement is signed, it is an executory contract.

Accepted Answer

Once a premarital agreement is signed, it is a binding contract that is executable upon the occurrence of a future event, such as the marriage or divorce of the parties. Therefore, it is an executory contract.

Question 7

What is a cohabitation agreement?

Accepted Answer

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Question 8

What is the distinction between procedural fairness and substantive fairness?

Accepted Answer

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Question 9

Debts brought into the marriage by one party always become joint debts once the marriage occurs.

Accepted Answer

Debts brought into the marriage by one party remain the responsibility of that individual unless they are refinanced or transferred into joint accounts or ownership.

Question 10

If a clause in an agreement is severable:

Accepted Answer

If a clause in an agreement is severable, it means that it can be separated from the rest of the agreement. Therefore, if that clause is declared invalid by a court, the rest of the agreement can still be enforced.

Question 11

A sunset clause can automatically terminate a premarital agreement.

Accepted Answer

A sunset clause is a provision in a premarital agreement that specifies a date or event when the agreement will automatically terminate. This means that after the specified date or event, the premarital agreement will no longer be valid or enforceable. Therefore, a sunset clause can indeed automatically terminate a premarital agreement.

Question 12

Another name for a premarital agreement is antenuptial agreement.

Accepted Answer

This is true. A premarital agreement is also known as an antenuptial agreement.

Question 13

Define premarital agreement.

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Question 14

Public policy consists of the principles inherent in the customs, morals, and notions of justice that prevail in a state.

Accepted Answer

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Question 15

The courts in some states oppose the enforceability of cohabitation agreements because:

Accepted Answer

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Question 16

A cohabitation agreement:

Accepted Answer

A cohabitation agreement can be both expressed (in writing or verbally agreed upon) or implied (through the actions and behavior of the parties involved).

Question 17

A clause in a premarital agreement that states which party shall have custody of a child in the event of divorce will be:

Accepted Answer

Custody of a child is ultimately determined by the court based on the best interests of the child at the time of the divorce. While the premarital agreement may be considered by the court, it will not necessarily be binding.

Question 18

There is some doubt about whether a contract such as a premarital agreement can waive pension rights before the parties are married.

Accepted Answer

There is some debate about whether a premarital agreement can waive pension rights before the parties are married.

Question 19

A premarital agreement cannot change the rule that a spouse has a right to an elective share of his or her deceased spouse's estate.

Accepted Answer

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Question 20

What categories of persons are most likely to enter a premarital agreement?

Accepted Answer

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Quiz 2: Paralegal Employment