JUHAS GOOD LUCK!

ANONYMOUS #________________________ SOUTHWESTERN LAW SCHOOL FINAL EXAMINATION INSTRUCTIONS ESSAY ONLY COURSE: FAMILY LAW PROFESSOR: GORDON/JUHAS E...
Author: Clara Bailey
2 downloads 1 Views 53KB Size
ANONYMOUS #________________________ SOUTHWESTERN LAW SCHOOL FINAL EXAMINATION INSTRUCTIONS ESSAY ONLY

COURSE:

FAMILY LAW

PROFESSOR: GORDON/JUHAS

EXAM DATE: THURSDAY, DECEMBER 11, 2008

EXAM TIME: 6:00 PM – 8:00PM

GOOD LUCK!

THIS IS PAGE 1 OF 8 PAGES

ESSAY ONE (50% of the exam) John and Betty met while they were students at Big State University. They soon fell in love and decided that they wanted to get married. Betty hesitated because two years before when she was 18, she had pledged to marry her high school sweetheart Biff before he shipped overseas with the Army. Biff and Betty had flown to Las Vegas where they were married in the Chapel of the King----Elvis. They spent three days together and Biff left for war. Betty went to the Las Vegas County Clerk's office and filled out forms that she thought would get the marriage annulled. She wrote Biff a "Dear John" letter and has never again heard from him.

Betty told John about the problem with Biff. After discussion, they decided that it was alright to marry. They got married in a huge ceremony with several hundred guests. They completed the ceremony and the license was signed. John told Betty he would take the license to the Court for filing. However, still being angry about Biff, he never filed the marriage license as required by statute.

Betty and John were happy for the next fifteen years and they had two children (yes…they were…) Precious Flower, now seven years old, and Prince, now 12 years old. On a chance encounter, Betty met Biff in a local mall. She was overwhelmed by the way he looked in uniform. She filed for dissolution of marriage.

Betty has petitioned the Court to move to Texas with the children where Biff is now stationed. She asserts that she has been the primary care-taker for the children and that Precious Flower has a learning disorder that requires her attention and care. She further alleges that John has been verbally abusive to her and the children since she filed for divorce.

John opposes the requests for the move and has filed a Response to the Petition for Dissolution alleging that the marriage should be annulled. John asserts that he has a strong relationship with the children and that because Betty is so angry at him if she moves, he will never see the children again. He further alleges that Betty abuses prescription anti-depression medication. John's

THIS IS PAGE 2 OF 8 PAGES

parents have filed a motion requesting visitation with their grandchild and opposing the move away from the area.

You are the Judge assigned to this case: 1.

How do you rule on John's request for a finding of nullity of the marriage? Discuss all issues in detail.

2.

How do you rule on Betty's request to move to Texas with the children? What custody and visitation orders, if any, do you make? Discuss all issues in detail.

3.

What effect does the filing by John's parents have on the case? Discuss all issues in detail.

THIS IS PAGE 3 OF 8 PAGES

ESSAY TWO (50% of the exam) Sam, 45 years old, and Suzie, 19 years old, met in 1982 as Sam deposited his monthly investment check at Suzie’s teller window at IndyMac Bank. This was Suzie’s first job having just graduated from a community college with $30,000 in student loans. After a whirlwind romance that lasted six weeks, they decided to get married. Sam was quite proud of his immense wealth and during the courtship he made sure that he told Suzie exactly how much money he had and showed off all of his extensive real estate holdings. The wedding was a designed as a dream wedding, to be at the top of the Eifel tower in Paris, France with 500 guests and catered by the best five star restaurants in Paris. On the way to the airport to fly to France for the wedding that was the next day (in a private jet), the couple “dropped by” Sam’s law firm where there was a 76 page “agreement” on the table. Sam told Suzie that it was a pre nuptial agreement that guaranteed that she was not just marrying him for his money. While the agreement provided for a generous property settlement to Suzie after 15 years of marriage, on page 43, under “other provisions” was a term that terminated spousal support if the couple got divorced. All three of Sam’s lawyers assured Suzie that the terms were “standard” and that “all of their clients” had the same agreement. Relieved, Suzie signed the agreement after thumbing through it and the couple departed for the airport getting married the next day as planned.

As time passed the couple had four children, Sam’s business continued to grow and become extremely profitable and Suzie remained at home to raise the children, attend to Sam’s extensive business entertaining and head the family’s charitable trust (funded entirely with Sam’s money), which meant that she decided what non profits received money from the trust. The family wanted for nothing on Sam’s income of $2 million per year, took frequent first class vacations around the world and maintained numerous houses in several countries. The couple separated in early 2008 because Suzie, just diagnosed with breast cancer, was “not as much fun as she used to be”. The breast cancer treatments have proven very difficult on Suzie, she cannot attend to her trust duties any more and while she planned on going back to school to get a BA she simply is not strong enough. As part of the settlement of the property, Suzie received assets in excess of $15 million dollars, mostly in cash and some real estate. Sam, on the other hand, will receive assets worth in excess of $75 million.

THIS IS PAGE 4 OF 8 PAGES

Suzie petitions for divorce and seeks spousal support. Please answer the following questions 1.

Will Sam be able to enforce the pre-nuptial agreement? Discuss all issues in detail.

2.

If the pre-nuptial agreement is set aside is Suzie entitled to spousal support under the Family Code? If you find that Suzie is entitled to spousal support, in what amount should the spousal support order be made? Discuss all issues in detail.

SCRATCH PAPER THIS IS PAGE 5 OF 8 PAGES

THIS IS PAGE 6 OF 8 PAGES

THIS IS PAGE 7 OF 8 PAGES

THIS IS PAGE 8 OF 8 PAGES