1977, February, Pg. 273. Family Law Newsletter.

6 Colo.Law. 273

Colorado Lawyer

1977.

1977, February, Pg. 273.

Family Law Newsletter

273Vol. 6, No. 2, Pg. 273Family Law NewsletterDIVORCE ONLY $85

(plus filing fee)This ad has been running in Denver and State newspapers daily for approximately the last four or five months. Are the advertisers, Divorce Services of Colorado, practicing law without a license, or are they scribners, public stenographers, or some other specie?

A joint committee composed of members of the CBA Unauthorized Practice of Law Committee and the Family Law Council is investigating this issue. If anyone has any information regarding this service, please contact Jerry N. Snyder, 1845 First National Bank Bldg., Denver, Colorado 80293, (303) 255-1481, a member of that committee.

ReconciliationA problem that we often come across is one in which divorced parties continue to have sexual relations with one another both before and after the entry of their divorce decree. A court in Wisconsin has concluded that this amounts to fraud and vacated its decree, stating that when the parties move back together, it is a complete reconciliation.

Antenuptial AgreementsHave Antenuptial Agreements ever been recognized as valid in Colorado?

The most recent Colorado case (In Re: Marriage of Franks, 542 P.2d 845) appeared to do so---but beware, the Supreme Court merely gave validity to an agreement made in a sister state which was valid in that state. We still may have no law with regard to these agreements entered into and enforceable in Colorado.

In a recent Florida Court of Appeals decision reported in the Family Law Reporter, the court voided an Antenuptial Agreement saying that the parties do not deal at arms length with each other when making the agreement. The court further stated that a presumption of undue influence or overreaching arises in transactions or contracts between persons in such a confidential relationship when the dominant party is the grossly disproportionate beneficiary of the transaction. Be very careful in drafting of Antenuptial Agreements, keeping in mind the con-scionability of the agreement.

Social Security Disability BenefitsThe Social Security Act's denial of husband's disability or retirement...