Premarital Agreements/ Antenuptial Contracts Interactions
Spencer and
Katherine want to get married; however, since they both have been married
before and have substantial assets, they think they should prepare some
type of premarital agreement. Before the wedding, they come to an oral
agreement as to how their property should be distributed upon death or
divorce. Due to all the work required to plan the wedding, they did not
have a chance to put their wishes in writing. Despite this oversight,
the agreement is still valid.
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Gregory and
Stephanie were married six months ago. At the time they signed a prenuptial
agreement. Stephanie was forthright with her disclosure of property she
owned. Gregory was not so forthcoming with information. In fact, he failed
to disclose that he owned property in Bermuda, valued at $1.3 million.
When they broke up a few days shy of their first anniversary, Stephanie
finally found out about the hidden property. Under what grounds can the
court invalidate the agreement?
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Josephine
and Justin are scheduled to get married in two days. The night before
the wedding, Justin presented Josephine with a premarital agreement for
her signature. Hastily, Josephine signed the agreement so she could go
back to preparing for the wedding. She was not permitted to keep a copy
of the agreement after she signed it. Later, if Josephine wants to have
the agreement invalidated, what would be her best argument?
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Hillary and
Bill were both 23 years old when they got engaged. Hillary came from
a very wealthy family; Bill was a struggling law student. Hillary’s
father insisted that they sign a prenuptial agreement. To save money,
Hillary’s father suggested that Hillary and Bill use their family
attorney to prepare the agreement. Ten years later, when they break
up, Bill is very successful; Hillary’s family is broke. To
get a bigger share of their assets, Hillary tries to have the prenuptial
agreement invalidated. What is Hillary’s best argument?
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Ike and Tina
live in a state that has adopted the Uniform Premarital Agreement
Act (“UPAA”). Before their wedding they draft and sign
a premarital agreement. A week before the wedding, they decide to
call it off and instead continue to live together. Two years later
they break up and consult the premarital agreement as guidance in
distributing their property. What would be the likely outcome?
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Jane and Dick’s
prenuptial agreement states that during their marriage Dick will take
out the garbage on Tuesday nights. Dick refuses to take out the garbage
because it smells and gets his clothes dirty. Jane brings an action to
enforce the clause in the prenuptial agreement. How will the court most
likely hold?
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Sara and Samuel
were married five years ago. At the time, they signed a prenuptial agreement.
The agreement had a sunset provision that it would expire in five years.
Since Sara did not want the agreement to expire, she and Samuel signed
another agreement to extend the provisions of the original agreement.
This second agreement is permissible.
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Lydia and
John signed a prenuptial agreement when they married two years ago. At
the time, both parties fully disclosed their property holding. Subsequently,
John acquired a couple pieces of real estate. He is required to rewrite
the agreement to include this after-acquired property?
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Ken and Barbie
live in Philadelphia, PA. On Valentine’s Day, Ken gives Barbie a
diamond ring, while simultaneously proposing to her. Barbie’s acceptance
of the ring creates:
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Janet and
Oscar have been engaged for six years. After much cajoling, Oscar finally
agrees to a wedding date. They plan an elaborate wedding for 200 guests.
A week before the wedding, Oscar gets cold feet and calls it off. Janet
sues Oscar for her loss. What item can she NOT recover?
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