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
Question 2
If 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.
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