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Author Question: ________ is a court-ordered allowance paid to one cohabitant to the other after the relationship has ... (Read 23 times)

arivle123

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on: Aug 3, 2018
________ is a court-ordered allowance paid to one cohabitant to the other after the relationship has terminated.
 
  Fill in the blank(s) with correct word

Question 2

Describe how approaches to enforcement of premarital agreements have evolved and why. What public policies support the various positions?
 
  What will be an ideal response?


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carojassy25

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Reply #1 on: Aug 3, 2018
Answer to Question 1

Palimony

Answer to Question 2

Although premarital agreements regarding the disposition of property upon death had been enforced for many years, agreements relating to disposition of property upon divorce were considered per se invalid because they appeared to threaten the institution of marriage by providing a financial incentive for divorce. They were also considered unfair to women who, as homemakers were viewed as not capable of negotiating contracts and protecting their interests as well as men who were experienced in the world of work and business dealings. (Reference the Posner case.)The evolution has been from nonenforcement to a traditional fairness approach treating the parties as fiduciaries (reference procedural and substantive fairness and the second look doctrine), to a contractual (unconscionability) approach reflected in the Uniform Premarital Agreement Act (page 47 the text).


arivle123

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Reply 2 on: Aug 3, 2018
Gracias!

lkanara2

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Reply 3 on: Yesterday
Great answer, keep it coming :)

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