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Essay

Family Law

Essay specific features

 

Issue:

Miscellaneous

 

Written by:

Kevin R

 

Date added:

February 23, 2015

 

Level:

University

 

Grade:

B

 

No of pages / words:

87 / 24200

 

Was viewed:

1515 times

 

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Essay content:

When an ante-nuptial agreement provides disproportionately less than the party would have received under an equitable distribution, the party financially disadvantaged must have a meaningful opportunity to consult with counsel. Reasoning: Public policy allows enforcement of prenuptial agreements. Agreements are valid and enforceable if (1) They have been entered into freely without fraud, duress, coercion, or overreaching; - Spouse should have a meaningful opportunity to seek counsel...
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Simeone (At the time of the marriage, wife was a 23-year old nurse and husband was a 39-year old neurosurgeon [hence disparity of income and financial assets]. Prenuptial was signed the eve of the wedding. She did not have an attorney, and his attorney did not advise her of her rights.) Holding: - Prenuptial agreements are K’s, and, as such, should be evaluated under the same criteria as are applicable to other types of contracts...
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