Chapter 4 Texas Premarital Agreement Questions (1)
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Chapter 4 Texas Premarital Agreement Questions
1.
In order to be enforceable, Texas premarital agreements must be
written and ______________signed by both parties_______.
2.
At what point does a Texas premarital agreement become effective?
Upon marriage
3.
Do Texas pre-marital agreement require consideration?
no
4.
Suppose you represent the wife in a divorce matter. She signed a pre-
nup prior to the marriage but does not want the agreement to be
enforced against her during her divorce. On what grounds would the
premarital agreement be considered unenforceable?
the party did not sign the agreement voluntarily;
or(2)
the agreement
was unconscionable when it was signed and, before signing the
agreement, that party:(A)
was not provided a fair and reasonable
disclosure of the property or financial obligations of the other party;(B)
did not voluntarily and expressly waive, in writing, any right to
disclosure of the property or financial obligations of the other party
beyond the disclosure provided;
and(C)
did not have, or reasonably
could not have had, adequate knowledge of the property or financial
obligations of the other party.
5.
Unconscionability is a generally recognized means of avoiding the
enforceability of a contract. What does the term “unconscionable”
mean?
Inherent unfairness
6.
In the Texas Family Code, the statute of limitations for asserting a claim
for relief pursuant to the terms of a premarital agreement are tolled
during the course of marriage.
a.
What does it mean it mean to “toll” the statute of limitations?
Don’t know? Google it and see what you find out…
when a time period during which a statute of limitations for
bringing a specific type of legal action is temporarily stopped
from running
b.
Even though the statute of limitations is tolled during the course
of the marriage, equitable defenses limiting the time for
enforcement are still available. What are two examples of
equitable defenses and what is the definition of those terms? Use
a law dictionary to help you find the answer.
Laches: A doctrine in equity that those who delay too long in
asserting an equitable right will not be entitled to bring an
action. Estoppel: Estoppel is an equitable doctrine, a bar that
prevents one from asserting a claim or right that contradicts
what one has said or done before, or what has been legally
established as true
7.
Texas also recognizes Cohabitation Agreements.
In order to be
enforceable, those agreements must be the promise or agreement or a
memorandum of the promise or agreement is in writing and signed by
the person obligated by the promise or agreement
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