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MMLU / Two people who have been cohabitating decide to get married. The man asks the…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

Two people who have been cohabitating decide to get married. The man asks the woman to agree that all of his property that he now owns will remain in his name if they ever get divorced. She agrees to that but demands a written document. However, they got married without having signed anything. Three months later, the husband leaves the wife for another woman. He sends her notice to vacate the home due to their prenuptial agreement. When she doesn't move, husband sues, asking for enforcement of the oral prenuptial contract. Will the court likely enforce the husband's claim?

choices

  1. Yes, because the consideration for the contract was the marriage and the consummation of the marriage made the contract complete and enforceable.
  2. Yes, because prenuptial agreements are given the benefit of the doubt when it comes to enforcement decisions.
  3. No, because a contract in consideration of marriage must be in writing and the prenuptial was therefore not legal as long as it remained oral.
  4. No, because husband did not live up to his promise to put the agreement in writing and therefore he was guilty of fraud.

subject

professional_law

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Source and history

task_id
e885b311-caab-5dd8-8e95-9977dec4cc3a
task_key
all--test--e885b311-caab-5dd8-8e95-9977dec4cc3a
task_revision_id
1
config / split
all / test

Official source

initial import