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The Research Center
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Category Matches:
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 | 1. Divorce Source: Waiver of Pension Rights in Antenuptial Agreements
(�1997) Waiver of Pension Rights in Antenuptial Agreements. A New York appeals court held that a divorcing spouse may obtain equitable distribution of her husbands pension rights despite a prenuptial agreemen
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100.0%
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| | 2. Divorce Source: Cases of Interest: Antenuptial Agreements
Case law and analysis of divorce cases related to antenuptial agreements. Visit Other Cases of Interest
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94.4%
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| | 3. Divorce Source: ENFORCEMENT OF ISLAMIC ANTENUPTIAL AGREEMENTS
The general rule that the validity and enforceability of contracts are determined by the law of the state where the contract was entered into is equally applicable to antenuptial agreements and marriage settlements. The basic rule is that an antenuptial contract will be interpreted and enforced in a
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94.4%
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| | 4. Divorce Source: CONSTITUTIONAL QUESTIONS CONCERNING THE ENFORCEMENT OF ISLAMIC ANTENUPTIAL AGREEMENTS
Islamic antenuptial agreements, whether designated as a mahr or a sadaq, are typically enforceable. That article was chiefly concerned with the enforceability of these types of agreements from both the perspective of contract law and public policy. In addition to having to conform with these basic t
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94.4%
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| | 5. Divorce Source: VOLUNTARY ABANDONMENT AS A DEFENSE TO ENFORCEMENT OF ANTENUPTIAL AGREEMENTS
The most substantial development in family law in the 1970s and 1980s was the rapid growth of property division statutes in noncommunity property states. See generally B. Turner, Equitable Distribution of Property 1.02 2d ed. 1994.
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61.1%
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| | 6. Divorce Source: Antenuptial Agreements/Lack of Counsel/Advice to Seek Counsel:
The widow appealed a determination that the parties prenuptial agreement was valid. The court found the agreement was valid because although the wife was given the agreement to sign in the husbands attorneys office, without any prior warning, she was told to seek independent counsel and to read the
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55.6%
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| | 7. Divorce Source: Antenuptial Agreements/Waiver/ERISA Rights
The law is now rather clear that parties to an antenuptial agreement cannot waive spousal death benefits under ERISA. In a recent case, the parties executed an antenuptial agreement whereby the parties agreed that [a]ll of the property now owned or hereafter acquired by [husband] will remain his sol
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55.6%
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| | 8. Divorce Source: Antenuptial Agreements/Waiver of Pendente Lite Support
As a general rule, prenuptial contracts cannot control the sharing of expenses between spouses during the marriage, since this would essentially negate one spouses statutory duty to support the other.
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55.6%
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| | 9. Divorce Source: Antenuptial Agreements / Validity / Disclosure
In a recent Delaware case applying Pennsylvania law, the wife alleged that her husbands failure to disclose his drug addiction constituted a material misrepresentation that served to invalidate the agreement. She alleged that she would not have signed the agreement had she known the husband had res
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55.6%
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| | 10. Divorce Source: Antenuptial Agreement/Validity/Disclosure:
The husband appealed the trial courts ruling declaring the parties antenuptial agreement void. The evidence showed, however, that the husband had willfully and intentionally failed to disclose to the wife the value of his retirement fund, thereby failing to make full and complete financial disclosur
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5.6%
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