Deck 4: Premarital, Postnuptial, and Cohabitation Agreements

Question 1

Define premarital agreement.

Answer 1

A contract by persons about to be married that can cover (1) financial and related
matters once the marriage occurs and (2) spousal support, property division, and related
matters in the event of separation, divorce, annulment, or death.

Question 2

Premarital agreements and prenuptial agreements ("prenups") are also called _________________ agreements.

Answer 2

antenuptial

Question 3

Whatever the parties mutually promise in their agreement is the _____________________ for the agreement.

Answer 3

consideration

Question 4

A husband and wife have a fiduciary relationship with each other.

Question 5

Under Marvin v. Marvin, a cohabitation agreement is unenforceable only to the extent that it ______________________ rests on meretricious sexual relations.

Question 6

Match each numbered entry with the most relevant lettered entry below.

a. shocking to the conscience
b. owing good faith and loyalty
c. "alimony" for unmarried cohabitants
d. not yet performed
e. as much as he deserves
f. relinquishing a right
g. what is exchanged between the parties
h. obligation created by law
i. not essential
j. pertaining to unlawful sexual relations
waiver

Question 7

Another name for a premarital agreement:

A)separation agreement
B)prenuptial agreement
C)post-nuptial agreement
D)cohabitation agreement

Question 8

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

A)they constitute payment for sex
B)they weaken the institution of marriage
C)the legislature should decide if they should be legal
D)all of these choices

Question 9

An agreement to participate in a common enterprise in which the parties have a mutual right of control is called a(n) ______________________.

Question 10

A public charge is someone with sufficient resources to support him- or herself.

Question 11

When does an implied contract come into existence?

Question 12

What is an implied-in-law contract? FILL IN THE BLANK Complete each statement.

Question 13

Distinguish between a cohabitation agreement and a postnuptial agreement.

Question 14

A party to a premarital agreement cannot waive full disclosure of the other party's assets and debts.

Question 15

A premarital agreement can relieve one party of the obligation to support children from the marriage.

Question 16

Marvin v. Marvin ruled that all premarital agreements are legal.

Question 17

What is palimony?

Question 18

A quasi contract is created to avoid ________________________ .

Question 19

Under the Uniform Premarital Agreement Act, parties to a premarital agreement can:

A)modify or eliminate support
B)choose the law that will govern the agreement
C)decide any matter that does not violate public policy or criminal law
D)all of these choices

Question 20

All states require consideration for a valid premarital agreement.

Question 21

Match each numbered entry with the most relevant lettered entry below.

a. shocking to the conscience
b. owing good faith and loyalty
c. "alimony" for unmarried cohabitants
d. not yet performed
e. as much as he deserves
f. relinquishing a right
g. what is exchanged between the parties
h. obligation created by law
i. not essential
j. pertaining to unlawful sexual relations
unconscionable

Question 22

Match each numbered entry with the most relevant lettered entry below.

a. shocking to the conscience
b. owing good faith and loyalty
c. "alimony" for unmarried cohabitants
d. not yet performed
e. as much as he deserves
f. relinquishing a right
g. what is exchanged between the parties
h. obligation created by law
i. not essential
j. pertaining to unlawful sexual relations
severable

Question 23

Match each numbered entry with the most relevant lettered entry below.

a. shocking to the conscience
b. owing good faith and loyalty
c. "alimony" for unmarried cohabitants
d. not yet performed
e. as much as he deserves
f. relinquishing a right
g. what is exchanged between the parties
h. obligation created by law
i. not essential
j. pertaining to unlawful sexual relations
quasi contract

Question 24

Match each numbered entry with the most relevant lettered entry below.

a. shocking to the conscience
b. owing good faith and loyalty
c. "alimony" for unmarried cohabitants
d. not yet performed
e. as much as he deserves
f. relinquishing a right
g. what is exchanged between the parties
h. obligation created by law
i. not essential
j. pertaining to unlawful sexual relations
executory contract

Question 25

Match each numbered entry with the most relevant lettered entry below.

a. shocking to the conscience
b. owing good faith and loyalty
c. "alimony" for unmarried cohabitants
d. not yet performed
e. as much as he deserves
f. relinquishing a right
g. what is exchanged between the parties
h. obligation created by law
i. not essential
j. pertaining to unlawful sexual relations
meretricious

Question 26

Match each numbered entry with the most relevant lettered entry below.

a. shocking to the conscience
b. owing good faith and loyalty
c. "alimony" for unmarried cohabitants
d. not yet performed
e. as much as he deserves
f. relinquishing a right
g. what is exchanged between the parties
h. obligation created by law
i. not essential
j. pertaining to unlawful sexual relations
quantum meruit

Question 27

Match each numbered entry with the most relevant lettered entry below.

a. shocking to the conscience
b. owing good faith and loyalty
c. "alimony" for unmarried cohabitants
d. not yet performed
e. as much as he deserves
f. relinquishing a right
g. what is exchanged between the parties
h. obligation created by law
i. not essential
j. pertaining to unlawful sexual relations
palimony

Question 28

Match each numbered entry with the most relevant lettered entry below.

a. shocking to the conscience
b. owing good faith and loyalty
c. "alimony" for unmarried cohabitants
d. not yet performed
e. as much as he deserves
f. relinquishing a right
g. what is exchanged between the parties
h. obligation created by law
i. not essential
j. pertaining to unlawful sexual relations
fiduciary

Question 29

Match each numbered entry with the most relevant lettered entry below.

a. shocking to the conscience
b. owing good faith and loyalty
c. "alimony" for unmarried cohabitants
d. not yet performed
e. as much as he deserves
f. relinquishing a right
g. what is exchanged between the parties
h. obligation created by law
i. not essential
j. pertaining to unlawful sexual relations
consideration