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10 Cards in this Set
- Front
- Back
4 Sections of Divorce
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1) property division, 2) alimony, 3) child custody, 4) child support
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Gifts in Contemplation of Marriage - Unconditional Gift
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No strings attached gift. Complete and irrevocable if: donor intends to make a complete gift, property is delivered, AND donee accepts property
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Gifts in Contemplation of Marriage - Conditional Gift
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Gift is given conditional on a future event, usually marriage. Nonoccurrence of the event makes the gift revocable even if the nonoccurrence is the fault of the donor.
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Prenups - Nature and validity
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Divorce and Estate planning. Must be in writing and signed.
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Challenging the Enforcement of Prenups
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Invalidated if a ct finds either: 1) procedural unfairness in the making of the prenup OR 2) substantive unfairness in the terms
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Procedural Unfairness in Making the Prenup
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Ct considers totality of circumstances. Entering into a prenup must be free, voluntary. If not free/voluntary prenup becomes subject to K defenses of fraud/misrepresentation/duress.
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Procedural Unfairness in Making a Prenup - Disclosure Rqmt
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There must be full disclosure regarding property/resources from the economically more powerful spouse to the economically less powerful spouse AND fair and reasonable disclosure from both spouses re: property/finances/obligations.
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Procedural Unfairness in Making a Prenup - Disclosure Not Required If:
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1) Voluntary waiver AND 2) prior knowledge of property/finances/obligations
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Substantive Unfairnes in Making a Prenup - Unconscionability
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Same as under K law. A large disparity in spouses sophistication and resources that results in a one-sided agreement due to inequity in bargaining power. ("Asymetry in bargaining power")
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Substantive Unfairnes in Making a Prenup - General Requirements
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Ct must find that prenup's terms or impact were substantively unreasonable. Less demanding than an unconscionability standard.
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