Separation Agreements Self-Quiz








Madeline and Jacques go to their respective lawyers to draft a separation agreement. They duly file it with the court. They must wait the requisite time period before they can convert their separation into a divorce. Six months after they file the separation agreement, while Jacques is over dropping off the children, Madeline invites Jacques to spend the night. They engage in sexual relations. It is the only time they engage in this type of activity. The court would consider this one time of togetherness as an attempt to reconcile.
A separation agreement can be collaterally attacked on which of the following grounds?
Choice 1 Duress.
Choice 2 Fraud.
Choice 3 Incapacity.
Choice 4 All of the above.
Nelson fails to disclose to his wife (Peggy) that he had secretly purchased property in Vermont during their marriage. He also fails to include this property in the separation agreement. How will the court treat this deliberate oversight?
Choice 1 The court will throw out the entire agreement because of the invalidity of the one provision.
Choice 2 The court will sever that provision and honor the rest of the agreement.
Choice 3 The court will rewrite the agreement to include the accurate representation of the assets.
Choice 4 None of the above.
Trevor and Janet want to draft a separation agreement. Due to limited finances, they want to continue to live together until the divorce is finalized. This continued cohabitation will have a negative impact on the divorce.
Marge and Homer enter into a separation agreement. They later reconcile and want to know the status of their separation agreement as it relates to their property rights in the divorce.
Choice 1 Reconciliation generally terminates a separation agreement.
Choice 2 Upon reconciliation, the separation agreement turns into a post-nuptial agreement contemplating divorce and therefore is invalid.
Choice 3 The agreement will still govern their property rights, without further steps.
Choice 4 The agreement will still govern their property rights if they re-execute it.

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