BLW 1001 TEST 2

BLW 1001 TEST 2 - BLW 1001 TEST 2 TYPICAL WRITTEN CONTRACT...

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BLW 1001 TEST 2 TYPICAL WRITTEN CONTRACT IN A FAMILY LAW SITUATION: (have to be signed, and notarized) 1. Separation Agreement: an agreement on support, childcare, money, and property covering the period before divorce but after separation. The marriage is not terminated and the parties cannot marry. More then a year can result into divorce. 2. Stipulation of Settlement (divorce settlement): a formal agreement between litigants and/or their attorneys resolving their dispute. 3. Prenuptial Agreement: (created before marriage). A contract with your partner stating what your rights will be if you ever get divorced. Child support or access to children, division of property. 4. Postnuptial Agreement : (Matrimonial agreement) same as prenuptial agreement but is created after marriage. ** SHOULD HAVE TWO DIFFERENT ATTORNEYS DURING A DIVORCE Strict – Everything in my name is mine, no claim for spousal support of any type. Mine is mine, yours is yours. You get nothing. Liberal – What you brought in you take out agreements. (ex: if you bought 100,000 into the marriage its yours.) WAIVER OF ESTATE RIGHTS: leave everything to my/your kids; it doesn’t necessarily mean that you can write the will the way you want it. RIGHT OF ELECTION: you cannot disinherit your spouse; you can undo the act of your spouse not leaving you enough money. COMMUNITY PROPERTY STATUES (minority): everything that’s acquired during the marriage is at equal rage. EQUITABLE DISTRUBUTION STATUES (majority): - Everything acquired during marriage (IRA, houses, cars, bank accounts, professional licensees and practices, business, real estate) - Marriage is an “economic partnership” - Has three parts: 1. Categorizing property as marital or separate 2. Evaluating the property 3. Distribution (you need the DATE the a particular item of property was acquired and the SOURCE OF FUNDS used to acquire it. -
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This note was uploaded on 09/29/2011 for the course LAW 1001 taught by Professor Fitzsoman during the Spring '11 term at CUNY Hunter.

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BLW 1001 TEST 2 - BLW 1001 TEST 2 TYPICAL WRITTEN CONTRACT...

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