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Alex and Allie, after graduating from college without any savings, enter into a written premarital agreement before their wedding. The agreement provides that Allie will receive all of their marital property in the event of a divorce, and that Alex will waive his rights to any children they may have together. The agreement also provides that the contract will be governed by the law of the state where Allie was born. Alex was not represented by a lawyer because he could not afford one, while Allie was represented by a lawyer who was retained by her parents.
Are the provisions of the pre-marital agreement enforceable?
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To answer this question, you will need to think about and discuss what factors courts consider when determining whether pre-marital agreements are enforceable.
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Marital Agreement
Rights to Childen
Choice of Law
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