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| Topic: |
Miscellaneous
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| Number of pages / Number of words: |
87 / 24200 |
Essay's paper body
Absent fraud, misrepresentation, or duress, spouses should be bound by the terms of their agreements.
- Ignorance is not an excuse.
- An inquiry into reasonableness would severely undermine the functioning and reliability of prenuptial agreements.
- However, a full and fair disclosure of the financial positions of the parties is required...
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Need not be exact, so long as full and fair. Reason: the parties don't quite deal at arm's length. If an agreement provides that full disclosure has been made, a presumption of full disclosure arises. Presumption can be rebutted w/ clear and convincing evidence.
Reasoning
- Here, court found no merit in wife's contention that the agreement should be declared void on the ground that she did not consult with independent legal counsel...
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