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Archive for the ‘Premarital Agreement’ Category

The polestar of contract construction is to discover the intention of the parties as revealed by the language used by them

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June 21, 2010 at 1:29 pm

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An antenuptial agreement which would leave a spouse a public charge or close to it, or which would provide a standard of living far below that which was enjoyed both before and during the marriage would probably not be enforced by any court

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March 31, 2010 at 5:54 pm

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Yous, Mine & Ours

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November 20, 2009 at 5:24 pm

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Four financial issues that ought to be discussed before getting married

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October 25, 2009 at 12:11 pm

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The burden of proof to set aside a premarital agreement is placed upon the party alleging the agreement to be unenforceable

July 8, 2009 at 7:52 am

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Alimony provisions in prenuptial agreements need not cover all eventualities, since upon changes in circumstances a spouse may apply to the court for an appropriate modification

December 12, 2008 at 2:42 pm

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A surviving spouse has the right to elect to take one-third of the augmented estate of a deceased spouse; which right may be waived, in whole or in part, by a written contract, agreement or waiver, signed by the party waiving after fair disclosure

June 20, 2007 at 7:47 am

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The focus of inquiry in a situation involving an agreement for the sale of an interest in real estate should be whether an agreement has been made between the parties by which they intend to be bound.

May 16, 2007 at 6:33 am

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PACIFICO: When a contract term is ambiguous, that rule of contract interpretation requires a court to adopt the meaning that is most favorable to the non-drafting party; however, the doctrine of contra proferentem is inapposite if a prerequisite to its application – unequal bargaining power – did not exist

April 18, 2007 at 6:18 am

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ADDESA: A property settlement agreement resulting from a voluntary mediation, like any privately negotiated PSA, may be reformed where there is unconscionability, fraud, or mistake and concealment

April 13, 2007 at 6:47 am

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