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Prior to getting married, soon-to-be spouses may choose to enter into a contract that specifies their respective rights in the event of a dissolution of the marriage, or the death of one of the spouses. These contracts are called antenuptial, premarital, or prenuptial agreements.
A prenuptial agreement generally addresses the disposition of the parties’ estates in the event of divorce or death. A prenuptial agreement may also include details on how responsibilities and property rights will be handled during the marriage: who will pay the bills, who will support children from a prior marriage, how the children’s upbringing will be handled, and who will care for the children’s day-to-day needs.
Your Assignment
Draft a memo to your supervising attorney on prenuptial agreements and their functions and utilities. Below are the specific instructions and questions that are applicable to this Assignment:
- Perform simple research on the issue of premarital agreements. When conducting searches in Westlaw, remember to narrow your database and jurisdictional searches by choosing your state in the “Select a State” pull-down menus.
- Locate your state’s statute regarding prenuptial agreements. Conduct your research using databases available in the library, as well as other online resources.
- Include the citation of your state’s statute.
- In performing your research, look for the following concepts: Uniform Premarital Agreement Act (see Appendix A in your textbook), legal requirements for a valid prenuptial agreement, and factors that invalidate a prenuptial agreement.
- Answer the following questions:
- What are the legal requirements of a valid prenuptial agreement in your jurisdiction and what factors can invalidate one? How do the requirements today compare with what was required in the past in your state? (criterion 3)
- What are the advantages and disadvantages of prenuptial agreements?
- What is the Uniform Premarital Agreement Act and has your state adopted it?
- Should prenuptial agreements be compulsory? Do they improve marital relationships? (criterion 5)
- Are prenuptial agreements recognized and utilized in other countries? Find two countries that allow for the use of prenuptial agreements and discuss similarities and differences with what you learned about prenuptial agreements in your jurisdiction (criterion 1, criterion 4)
In addition to fulfilling the specifics of the Assignment, a successful paper must also meet the following criteria:
- Length should be at least 2 pages , excluding cover page and references page
- Double spaced and 10–12 -point font (Arial, Courier, and Times New Roman are acceptable)
- Viewpoint and purpose should be clearly established and sustained
- Assignment should follow the conventions of Standard American English (correct grammar, punctuation, etc.)
- Writing should be well ordered, logical, and unified , as well as original and insightful
- Your work should display superior content, organization, style, and mechanics
- Appropriate citation style should be followed
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