Author Question: Amy executed a premarital agreement ten years ago without consulting an attorney. She was so excited ... (Read 36 times)

faduma · **on:** Aug 3, 2018

Amy 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.

Question 2

Which 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