UNIT 2 LAW 209 HOMEWORK
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Premarital Agreements before marriage
Premarital Agreements before marriage
Beverly Baxter
Post University
Law 209: Family Law and Practice
Professor Levy
10 July 2022
Premarital Agreements before marriage
Premarital agreements are something I feel every married couple should have. Sometimes
the person you think you fell in love with may not be that same person. Protecting your assets
and property in that case of a divorce can save you the hardship of fighting for what you built
and attained prior to your marriage. Premarital agreements are, “a contract by persons about to
be married that can cover (1) financial and related matters once, the marriage occurs and (2)
spousal support, property division, and related matters in the event of separation, divorce,
annulment, or death. Also called prenuptial agreement, a prenup or an antenuptial agreement.”
There are three main elements of rule of law: In that the laws must be the Supreme law of
the land publicly promulgated equally enforced and adjudicated by an independent judiciary. In
Barry’s and Sun case, Community Property Law was one that was mentioned by Barry’s attorney
Leonard Brown. Community Property Law is, “Property in which each spouse has a 50 percent
interest if the property was acquired during the marriage other than by gift, will, or intestate
succession (inheritance) to only one of the spouses.” Sun denied having any counsel after being
informed by Mr. Leonard as he only represented Barry. Also, he informed her how she would be
disavowing the protection of community property law. Due to this process, the court reversed
their decision of the court of appeals because there was no coercion and Sun understood the
terms and agreements stated. Furthermore, she declined to have her own appointed counsel nor
carried out her own burden. “Pursuant to Family Code section 1615, a premarital agreement will
be enforced unless the party resisting enforcement of the agreement can demonstrate… that he or
she did not enter into the contract voluntarily. Given the evidence in this case, we can see Sun
admitted and entered Barry’s contract voluntarily.
Under section 25-2A, if Barry and Sun resided in Connecticut, the procedure Barry and
Sun would have to follow to achieve their respective results are. Barry Bonds would have to
Premarital Agreements before marriage
demand the enforcement of the agreement he wants to enforce. He would have to do so with
dates and with the parties claim for relief. For Sun Bonds wanting to set it aside, she would have
to do so within sixty days of the claim seeking enforcement of the agreement, unless permitted
by the court. Barry and Sun Bond case has had a lot of issues. However, a lot of proof of
evidence to stand on. In he given event Barry Bond’s passed away 45a-436 comes into play on
multiple occasions. First off, 45-436 (formerly se. 45- 273a). Succession upon death of spouse.
Statutory Share is, “On the spouse, the surviving spouse may elect, as provided in subsection ©
of this section, to take a statutory share of the real and personal property passing under the will
of the deceased spouse. The “Statutory share” means a life estate od one-third valve of all the
property passing under the will real and personal legally or equitably owned by the deceased
spouse at the time of his or her death, after the payment of all debts and changes against the
estate.?
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Premarital Agreements before marriage
References
Statsky, W.P. (2021). Family Law
(7
th
ed.). Cengage, P. 119
https://ambassadored.vitalsource.com/reader/books/9781337917612/pageid/138
Statsky, W.P. (2021). Family Law
(7
th
ed.). Cengage, P. 119
https://ambassadored.vitalsource.com/reader/books/9781337917612/pageid/138
DECEDENTS' ESTATES, C., 2022.
Chapter 802b - Decedents' Estates
. [online] Cga.ct.gov. Available at: <https://www.cga.ct.gov/current/pub/chap_802b.htm#sec_45a-436> [Accessed 9 July 2022}.
Premarital Agreements before marriage