Deck 4: Premarital, Postnuptial, and Cohabitation Agreements

Question 1

Another name for a premarital agreement is antenuptial agreement.

Answer 1

True

Question 2

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

Answer 2

True

Question 3

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

Answer 3

False

Question 4

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.

Question 5

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

Question 6

What is a cohabitation agreement?

Question 7

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

A)binding on the court
B)considered by the court but will not bind the court
C)a reason to invalidate the entire agreement
D)accepted if it is not severable

Question 8

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

Question 9

A cohabitation agreement:

A)can be expressed but not implied
B)can be implied but not expressed
C)can be expressed or implied
D)can be implied if it is executory

Question 10

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 11

If a clause in an agreement is severable:

A)the rest of the agreement is enforced if that clause is declared invalid by a court
B)the rest of the agreement cannot be enforced if that clause is declared invalid by a court
C)it is against public policy
D)it is invalid

Question 12

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

Question 13

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

Question 14

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

Question 15

Define premarital agreement.

Question 16

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

Question 17

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

Question 18

A sunset clause can automatically terminate a premarital agreement.

Question 19

What is the distinction between procedural fairness and substantive fairness?

Question 20

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

Question 21

Something of value that is exchanged between parties is called ; it can be an act, a forbearance, a promise to perform an act, or a promise to refrain from performing an act.

Question 22

Match each numbered entry with the most relevant lettered entry below
a.meretricious
b.executory contract
c.cohabitation
d.resulting trust
e.malice
f.palimony
g.elective share
h.common law marriage
i.severable
j.tacit
understood without being openly stated

Question 23

An award of the reasonable value of services that were provided despite the absence of an express or implied agreement to pay for the services is called .

Question 24

A agreement is a contract between married persons that covers financial and related matters.

Question 25

Match each numbered entry with the most relevant lettered entry below
a.meretricious
b.executory contract
c.cohabitation
d.resulting trust
e.malice
f.palimony
g.elective share
h.common law marriage
i.severable
j.tacit
created by operation of law to prevent unjust enrichment

Question 26

is taking unfair advantage of another's naiveté or other vulnerability, especially by deceptive means.

Question 27

Match each numbered entry with the most relevant lettered entry below
a.meretricious
b.executory contract
c.cohabitation
d.resulting trust
e.malice
f.palimony
g.elective share
h.common law marriage
i.severable
j.tacit
support after a nonmarital relationship

Question 28

Match each numbered entry with the most relevant lettered entry below
a.meretricious
b.executory contract
c.cohabitation
d.resulting trust
e.malice
f.palimony
g.elective share
h.common law marriage
i.severable
j.tacit
rejection of terms in a will

Question 29

Match each numbered entry with the most relevant lettered entry below
a.meretricious
b.executory contract
c.cohabitation
d.resulting trust
e.malice
f.palimony
g.elective share
h.common law marriage
i.severable
j.tacit
not yet fully performed

Question 30

Match each numbered entry with the most relevant lettered entry below
a.meretricious
b.executory contract
c.cohabitation
d.resulting trust
e.malice
f.palimony
g.elective share
h.common law marriage
i.severable
j.tacit
entered without a license

Question 31

Match each numbered entry with the most relevant lettered entry below
a.meretricious
b.executory contract
c.cohabitation
d.resulting trust
e.malice
f.palimony
g.elective share
h.common law marriage
i.severable
j.tacit
intent to inflict injury

Question 32

Match each numbered entry with the most relevant lettered entry below
a.meretricious
b.executory contract
c.cohabitation
d.resulting trust
e.malice
f.palimony
g.elective share
h.common law marriage
i.severable
j.tacit
removable without destroying what remains

Question 33

Match each numbered entry with the most relevant lettered entry below
a.meretricious
b.executory contract
c.cohabitation
d.resulting trust
e.malice
f.palimony
g.elective share
h.common law marriage
i.severable
j.tacit
pertaining to unlawful sexual relations

Question 34

What remedies are available to resolve financial disputes of unmarried cohabiting couples upon their separation?

Question 35

The statute of requires some contracts to be in writing.

Question 36

Give an example of illegal consideration for a cohabitation agreement.

Question 37

Match each numbered entry with the most relevant lettered entry below
a.meretricious
b.executory contract
c.cohabitation
d.resulting trust
e.malice
f.palimony
g.elective share
h.common law marriage
i.severable
j.tacit
living in the manner of a husband and wife

Question 38

Under the doctrine, a court will examine changed circumstances since the time the document was entered (executed).