Fouryears ago, Hal and luIIi'endy had a child {Child}. Six months ago, Hal and Wendy moved to State B. Hal's business has continued to prosper. He currently earns $300,000 per year. Since the marriage, Hal has used his business income to acquire assets worth about $500,000. Wendy has continued to write songs. Her current income is $30,000 per year. Three months ago, after Wendy discovered that Hal was having an affair, she took Child and moved back to State A. where she plans to remain. Since leaving Hal, Wendy has written and recorded several songs about her marriage. Wendy's agent believes that these songs "will hit the top of the charts.' State A has adopted the Uniform Premarital Agreement Act. State B has not. The premarital agreement contains no choice-of-Iaw provision. LWhich state's law governs the enforceability of the premarital agreement? Explain. 2.ls the waiver-ofproperty-rights provision in the premarital agreement enforceable? Explain. 3.ls the child-custody provision in the premarital agreement enforceable? Explain. d.Are the prots to be derived from Wendy's songs written after she left Hal subject to division at divorce? Explain. 81 February 2013. Family Lawg In 2012. David and Meg had a baby girl, Anna. At the time of Anna's birth, David and Meg were both 21 years old. For the next four years. they lived separately. David and Anna lived with David's mother (Anna's grandmother]. The grandmother cared for Anna while David worked. David cared for Anna most evenings and weekends. During this period, Meg attended college in a distant city: she called weekly but visited Anna only during school breaks and for one month each summer. In 2013, David bought an auto repair business with money he had saved. The grandmother continued to care for Anna while David was working in his auto repair business. In 2016, David and Meg were married in a small wedding held at the grandmother's house. One week before their wedding, David surprised Meg by asking her to sign a premarital agreement prepared by his attorney. The agreement provided that, in the event of a divorce. 1.al| assets owned by each spouse at the time of the marriage would remain the sole property of that spouse; 2.neither spouse would be entitled to alimony: and 3.the spouses would have joint physical custody ofAnna. Attached to the proposed agreement was an accurate list of David's net assets {his personal possessions. the auto repair business, a used car, and a small bank account), a list of his liabilities, and his tax returns for the past three years. 32 David told Meg that he would not proceed with the marriage unless she signed the agreement. Meg believed that the marriage would be successful, and she did not want to cancel or postpone the wedding. She therefore signed the agreement and appended a list of her own debts (student loans]; she correctly indicated that she had no assets other than her personal possessions. Since the wedding, David, Meg, and Anna have lived together and the grandmother has continued to pmvide child care while David and Meg are at work. Meg has worked full- time as a computer engineer. and David has continued to work full-time in his auto repair business. Their incomes are relatively equal. They have the following assets: Ia} the auto repair business [owned by David): (b) stocks (owned by Meg, which she inherited last year): and (c) the marital home (purchased by David in his name alone shortly after the wedding]. The down payment and all mortgage payments for the marital home have come from the couple's employment income. Last month, David discovered that Meg had been having an affair with a coworker for the past year. David wants a divorce. He also wants to obtain sole physical custody of Anna: he believes that Meg's adultery should disqualify her as a custodial parent. His plan is to live with the grandmother, who would pmvide child care when he is unavailable. This jurisdiction has adopted a statute modeled after the Uniform Premarital Agreement Act. 1.May either spouse successfully enforce the premarital agreement in whole or in part? Explain. 2.Assuming that the premarital agreement is not enforceable, what assets are divisible at divorce? Explain. 33 3.Assuming that the premarital agreement is not enforceable, may David obtain sole physical custody of Anna based on (a) Meg's adultery or (b) other factors? Explain