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Question 1
Madeline and Jacques go to their respective lawyers to draft a separation agreement. They duly file it with the court. They must wait the requisite time period before they can convert their separation into a divorce. Six months after they file the separation agreement, while Jacques is over dropping off the children, Madeline invites Jacques to spend the night. They engage in sexual relations. It is the only time they engage in this type of activity. The court would consider this one time of togetherness as an attempt to reconcile.
Correct
Incorrect!
Correct To meet the requirements under the separation agreement for living apart, the period of separation must be continuous. Nevertheless, it is unlikely the court would require the separation period to restart for a one-time sexual contact.
Incorrect! To meet the requirements under the separation agreement for living apart, the period of separation must be continuous. Nevertheless, it is unlikely the court would require the separation period to restart for a one-time sexual contact.
Question 2
A separation agreement can be collaterally attacked on which of the following grounds?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Since a separation agreement is a contract, it can be attacked on the same grounds as a contract, namely fraud, duress or incapacity.
Incorrect! Since a separation agreement is a contract, it can be attacked on the same grounds as a contract, namely fraud, duress or incapacity.
Question 3
Nelson fails to disclose to his wife (Peggy) that he had secretly purchased property in Vermont during their marriage. He also fails to include this property in the separation agreement. How will the court treat this deliberate oversight?
Correct
Incorrect!
Correct One of the common defenses to a separation agreement is severability. With severability, if a particular provision in the agreement is found to be fraudulent, the court has the discretion to invalidate the entire agreement or merely ignore the inaccurate provision. Here, since the inaccuracy only applies to a small portion of the agreement, it is possible for the court to honor the rest of the agreement.
Incorrect! One of the common defenses to a separation agreement is severability. With severability, if a particular provision in the agreement is found to be fraudulent, the court has the discretion to invalidate the entire agreement or merely ignore the inaccurate provision. Here, since the inaccuracy only applies to a small portion of the agreement, it is possible for the court to honor the rest of the agreement.
Correct
Incorrect!
Correct
Incorrect!
Question 4
Trevor and Janet want to draft a separation agreement. Due to limited finances, they want to continue to live together until the divorce is finalized. This continued cohabitation will have a negative impact on the divorce.
Correct Before a separation can be converted to an actual divorce, certain steps must be completed. The most important requirement of a separation agreement is that the parties live apart for the requisite time period. Here, if Trevor and Janet continue to live together, the court would view that as an attempt at reconciliation and deny their request for a divorce, based on the separation agreement.
Incorrect! Before a separation can be converted to an actual divorce, certain steps must be completed. The most important requirement of a separation agreement is that the parties live apart for the requisite time period. Here, if Trevor and Janet continue to live together, the court would view that as an attempt at reconciliation and deny their request for a divorce, based on the separation agreement.
Correct
Incorrect!
Question 5
Marge and Homer enter into a separation agreement. They later reconcile and want to know the status of their separation agreement as it relates to their property rights in the divorce.
Correct For a separation agreement to continue to be valid, certain requirements contained in the agreement must be fulfilled. Generally, a reconciliation will terminate the separation agreement.
Incorrect! For a separation agreement to continue to be valid, certain requirements contained in the agreement must be fulfilled. Generally, a reconciliation will terminate the separation agreement.