• Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

Card Range To Study

through

image

Play button

image

Play button

image

Progress

1/10

Click to flip

Use LEFT and RIGHT arrow keys to navigate between flashcards;

Use UP and DOWN arrow keys to flip the card;

H to show hint;

A reads text to speech;

10 Cards in this Set

  • Front
  • Back
4 Sections of Divorce
1) property division, 2) alimony, 3) child custody, 4) child support
Gifts in Contemplation of Marriage - Unconditional Gift
No strings attached gift. Complete and irrevocable if: donor intends to make a complete gift, property is delivered, AND donee accepts property
Gifts in Contemplation of Marriage - Conditional Gift
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.
Prenups - Nature and validity
Divorce and Estate planning. Must be in writing and signed.
Challenging the Enforcement of Prenups
Invalidated if a ct finds either: 1) procedural unfairness in the making of the prenup OR 2) substantive unfairness in the terms
Procedural Unfairness in Making the Prenup
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.
Procedural Unfairness in Making a Prenup - Disclosure Rqmt
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.
Procedural Unfairness in Making a Prenup - Disclosure Not Required If:
1) Voluntary waiver AND 2) prior knowledge of property/finances/obligations
Substantive Unfairnes in Making a Prenup - Unconscionability
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")
Substantive Unfairnes in Making a Prenup - General Requirements
Ct must find that prenup's terms or impact were substantively unreasonable. Less demanding than an unconscionability standard.