Find an opinion written by a court in your state that discusses the fairness or reasonableness of a premarital agreement.
a. Find an opinion written by a court in your state that discusses the fairness or reasonableness of a premarital agreement. Give the facts and result of the opinion. If no such opinion exists in your state, try to find one written by a court in a neighboring state. According to the opinion, what standards are used in the state to assess the enforceability of the agreement? (See General Instructions for the Court-Opinion Assignment in Appendix A.)
b. Pretend you are about to be married. Draft a premarital agreement for you and your future spouse. You can assume anything you want (within reason) about the financial affairs and interests of your spouse-to-be and yourself. Number each clause of the agreement separately and consecutively. Try to anticipate as many difficulties as possible that could arise during the marriage and state in the agreement how you want them resolved. (See General Instructions for the Agreement-Drafting Assignment in Appendix A.)
c. After your instructor makes note of the fact that you have drafted an agreement, you will be asked to exchange agreements with another member of the class. You are to analyze the agreement written by your classmate. Go through each numbered clause in the agreement and determine whether it is valid or invalid according to the standards identified in this chapter and/or according to the law governing premarital agreements in your state. When you cannot apply a standard, in whole or in part, because you need more facts, simply list the factual questions to which you would like answers in order to be able to assess the validity of the clause in question.
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