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 Premarital Agreement approach
B) traditional fairness approach
C) contemporary freedom to contract approach
D) none of the above
Q. #2If 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.
Q. #3Amy 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.
Q. #4Which 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
Q. #5If unemployment benefits are denied an individual has ________ rights.
Fill in the blank(s) with correct word
Q. #6Which 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 a 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
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