Premarital Agreements
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CAN A PREMARITAL AGREEMENT EVER BE INVALID? презентация
Содержание
- 1. CAN A PREMARITAL AGREEMENT EVER BE INVALID?
- 2. A Premarital Agreement Is A Contract
- 3. Premarital agreements are contracts entered into
- 4. The premarital agreement must be written, as
- 5. You must follow all rules for
- 6. If there is a problem in the
- 7. Premarital Agreements Can Be Invalidated in Whole or in Part
- 8. If a couple is divorcing and one
- 9. The court can invalidate or refuse to
- 10. The court can also invalidate the
- 11. A Premarital Agreement Can be Invalidated Due to Fraud
- 12. Both parties must enter into the premarital agreement knowing the material facts
- 13. If one spouse hid information about
- 14. If one spouse lied or was
- 15. A Premarital Agreement Can Be Invalidated if it Was Signed Under Duress
- 16. Each spouse must voluntarily enter into
- 17. If one spouse felt forced or coerced
- 18. Presenting the agreement with limited time
- 19. A Premarital Agreement Can Be Invalidated if the Terms are Unconscionable
- 20. If the terms of the premarital agreement
- 21. A premarital agreement is most likely
- 22. Both parties should be represented by
- 23. Provisions (or the whole agreement) Can Be Invalidated If The Provisions Are Against Public Policy
- 24. A court will not enforce a contract that goes against public policy
- 25. For example, provisions of a premarital agreement
- 26. These provisions will not be enforced because
- 27. Provisions Can Be Invalidated if They Are Ridiculous and/or Difficult For the Court to Enforce
- 28. The court will not enforce certain provisions
- 29. For example, if the agreement contains clauses
- 30. Agreements Can Be Invalidated if They Are Poorly Drafted
- 31. If the contract does not comply with
- 32. If the contract provisions are vague
- 33. An Attorney Can Help
- 34. An attorney should be consulted when
- 35. If there is a dispute over whether
- 36. We invite you to contact us at
A Premarital Agreement Is A Contract
Слайд 3Premarital agreements
are contracts entered into
by a husband and a
wife in consideration of marriage
Слайд 4The premarital agreement must be written, as oral agreements are not
going to be enforced by a court
Слайд 5You must follow all rules for
drafting a premarital agreement
and
contract in your state for the premarital agreement to be considered valid
Слайд 6If there is a problem in the creation or the terms
of the premarital agreement, it can
be declared invalid
be declared invalid
Слайд 8If a couple is divorcing and one spouse believes the premarital
agreement should not be enforced, he or she can raise arguments to the court explaining why the premarital agreement should be invalidated
Слайд 9The court can invalidate or refuse to enforce certain provisions of
the contract, such as when there is a problem with just one clause or part
Слайд 10The court can also invalidate
the entire agreement if there
is
a problem in the creation
of the contract
of the contract
Слайд 13If one spouse hid information
about assets, income or other relevant
issues, then the
premarital agreement can be invalidated as a result of fraud
premarital agreement can be invalidated as a result of fraud
Слайд 16Each spouse must voluntarily
enter into the premarital agreement of his
or her own free will
Слайд 17If one spouse felt forced or coerced into signing the agreement,
the agreement can be invalidated
Слайд 18Presenting the agreement
with limited time to review,
or with threats
that the imminent marriage will be called off if not signed, can all be considered examples of duress
Слайд 20If the terms of the premarital agreement are grossly one-sided and
unfair, the premarital agreement can be invalidated
under certain circumstances
under certain circumstances
Слайд 21A premarital agreement
is most likely to be invalidated because it
is unconscionable if
one party had all of the power in
the drafting and signing of the agreement and the terms
are skewed heavily in that
person’s favor
one party had all of the power in
the drafting and signing of the agreement and the terms
are skewed heavily in that
person’s favor
Слайд 22Both parties should be
represented by their own attorneys in the
writing of the agreement to ensure their rights are protected and the terms are fair
Слайд 23Provisions (or the whole agreement) Can Be Invalidated If The Provisions
Are Against Public Policy
Слайд 25For example, provisions of a premarital agreement in which one spouse
waives child support are void
Слайд 26These provisions will not be enforced because children deserve to be
supported by both of their parents. One parent cannot waive this right on behalf of a child
Слайд 27Provisions Can Be Invalidated if They Are Ridiculous and/or Difficult For
the Court to Enforce
Слайд 28The court will not enforce certain provisions of premarital agreements if
doing so would be difficult or ridiculous
Слайд 29For example, if the agreement contains clauses related to how often
your in-laws are allowed to visit or as to how often you must engage in marital relations, the court is not likely to enforce these contractual provisions
Слайд 31If the contract does not comply with all requirements for a
premarital agreement in your state, the court will not enforce it
Слайд 32If the contract provisions
are vague or poorly written and
the
court cannot interpret the contract accurately, the court may not enforce the unclear terms
Слайд 34An attorney should be
consulted when drafting a premarital agreement to
ensure
it is enforceable
it is enforceable
Слайд 35If there is a dispute over whether an agreement is valid
and enforceable during the divorce process, both parties should be represented by a lawyer who can help them to make arguments for their position to the court
Слайд 36We invite you to contact us at (925) 314-2320 to schedule
a consultation
Click to visit: www.FamilyLawGroup.com
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