Family Law Chapter 2

Which of the following types of agrements is executed after the parties marry in order to settle the terms of their pending divorce of legal separation? a. cohabitation agreements b. premarital agreements c. separation agreements d. none of the above

c. separation agreements

In which of the following cases did the court hold that when the facts warrant it, the courts should fashion appropriate equitable remedies for cohabitants to avoid hardship or injustice a. Marvin v. Marvin b. Posner v. Posner c. Simeone v. Simeone d. None of the above

a. Marvin v. Marvin

which of the following provision in a cohabitation agreement is least likely to be enforced? a. an agreement to engage in sexual relations a minimum of three times a week b. an agreement not to have pets c. an agreement regarding responsibility for payment of household expenses d. an agreement not o smoke in the parties' residence

a. an agreement to engage in sexual relations a minimum of three times a week

An agreement made by two persons about to be married in which they define for themselves property rights, duties, and responsibilities which flow from the marital relationship and which would otherwise be determined by state law upon divorce, separation, annulment, or death is which of the following a. premarital agreement b. separation agreement c. postmarital agreement d. cohabitation agreement

a. premarital agreement

Lyn and Susan cohabited for ten years. During that period, Ln paid $350,000 for a home for them to live in but put it in Susan's name. When the couple ended their relationship, Susan sought a 50% interest in their home.d The court denied her request and most likely based its ruling on which of the following theories a. resulting trust b. constructive trust c. implied-in-law contract d. joint venture

a. resulting trust

Fairness in the actual terms of an agreement that establishes or waive rights (such as to alimony) is called a. substantive fairness b. Traditional fairness. c. procedural fairness d. contractual fairness

a. substantive fairness

If a premarital agreement is held to be invalid, a. the judge is free to award or not award alimony and to divide marital property as he or she sees fit. b. the judge may award alimony and divide marital property based on governing statutes and case law as applied to the facts of the case c. the judge will automatically divide the parties property equally d. the court will divide the parties' property based on their respective incomes.

b. the judge may award alimony and divide marital property based on governing statutes and case law as applied to the facts of the case

Which of the following is not true of cohabitation? a. parties may freely choose to cohabit without satisfying any formal requirements b. there is a presumption of paternity when a child is born to a female partner in a cohabiting couple c. division of property may be based on an agreement of the parties d. absent a contractual agreement to the contrary, a cohabiting partner will not be ordered to pay support to the other partner

b. there is a presumption of paternity when a child is born to a female partner in a cohabiting couple

The idea that parties to premarital agreements bear a special fiduciary relationship to each other reflects which of the following approaches to the enforceability of premarital agreements? a. uniform premartial agreement approach b. traditional fairness approach c. contemporary freedom to contract approach d. none of the above

b. traditional fairness approach

Amy executed a premarital agreement ten years ago without consulting an attorney. She was so excited to be getting married that she signed the agreement given to her by her husband's lawyer to sign the night before the wedding. Now, at the time of her divorce, she realizes that she made a bad bargain. What is likely to happen if her husband seeks to enforce the agreement a. Courts in all states will not enforce the agreement because she made a bad bargain b. courts in all states will not enforce the agreement because she did not consult with an attorney c. Courts in several states will enforce the agreement if it was voluntarily executed and does not produce an unconscionable result at the time of performance d. Courts in all states will enforce the agreement because people are free to make bad bargains.

c. Courts in several states will enforce the agreement if it was voluntarily executed and does not produce an unconscionable result at the time of performance

In the Posner case, the court held that a. premarital agreements should not be enforced because they threaten the institution of marriage by promoting divorce. b. Premarital agreements should be enforced because they always have been under common law. c. Premarital agreements should be permitted because even if they anticipate the possibility of divorce, society no longer condemns divorce. d, none of the above

c. Premarital agreements should be permitted because even if they anticipate the possibility of divorce, society no longer condemns divorce.

If one of the parties will become destitute if a premarital agreement is enforced, the court is likely to a. still enforce the agreement because it is a contract and parties are free to make bad bargains b. consider only whether the terms of the agreement were fair at the time the agreement was entered c. find that enforcement of the terms of the agreement would bring about an unconscionable result and not enforce it d. enforce the agreement and seek public assistance for the destitute party

c. find that enforcement of the terms of the agreement would bring about an unconscionable result and not enforce it

Which of the following is an example of the substantive fairness of a premarital agreement a. the parties entered the agreement freely and voluntarily b. each party had sufficient opportunity to consult with counsel c. the terms of the agreement relating to property division were fair at the time of execution and at the time of performance of the agreement d. all of the above

c. the terms of the agreement relating to property division were fair at the time of execution and at the time of performance of the agreement

Jason is getting married next summer for the second time. Because he had a difficult divorce after his first marriage, several of his friends have recommended that he execute a premarital agreement with his fiance, Amy, even though she is reluctant to do so. She wants to protect the property he has accumulated over the years and doesn't want to have to pay alimony to a second wife. Which of the following provisions is his premarital agreement likely to contains? a. a preamble b. definitions of "separate" and "marital" property c. a waiver of alimony d. all of the above

d. all of the above

Which of the folliwn devices can be used to establish rights between cohabiting partners? a. health care proxies b. durable powers of attorney c. insurance policies d. all of the above

d. all of the above

Although states vary with respect to specific requirements for validity, generally a premarital agreement must satisfy which of the following? a. basic requirements applicable to all contracts b. procedural fairness c. Substantive fairness. d. al of the above

d. all of thee above

A severability provision provides: a. the agreement contains the parties' entire agreement b. the agreement may be modified, amended or rescinded at any time based on a mutual agreement on the parties c. the agreement binds the parties to its terms but does not bind their respective heirs and assigns d. if any provision of the agreement is held illegal or invalid, the remaining provisions will continue to be of full force and effect.

d. if any provision of the agreement is held illegal or invalid, the remaining provisions will continue to be of full force and effect.

Bruce and Trish lived together for twenty years in Trush's house before their relationship terminated. While they were together, Bruce, on his own time and with his own funds, fully remodeled, painted, and reroofed the house and installed a swimming pool. When the relationship dissolved, Bruce sought a 50% interest in the house given all the work he put into it. The court did not award him a 50% interest but did order Trish to pay him $75,000. Which theory did the court most likely apply? a. resulting trust b. express trust c. palimony d. implied-in-law/quasi-contract

d. implied-in-law/quais-contract

Which of the following is a term that the courts are likely to enforce in premarital agreements a. an agreement to engage in an insurance fraud scheme b. an agreement that one of the parties' children by a prior marriage will not be permitted to live with the parties post marriage c. an agreement to raise any child of the marriage in a particular religious faith d. none of the above

d. none of the above

which of the following involves an issue of substantive fairness at the time of performance a. the agreement was entered freely and without undue influence by the other party b. the terms were fair at the time of execution c. the parties had essentially equivalent assets when they became engaged d. the terms will result in one party becoming a public charge as a result of an illness that developed during the marriage

d. the terms will result in one party becoming a public charge as a result of an illness that developed during the marriage