Family Law

Question 1

Premarital Contracts

Answer 1

1. Must have been entered into voluntarily
2. Must be fair and equitable
3. Both parties must make full disclosure of their financial worth and
4. It must be in writing and signed by the party to be charged
   COL: If does not contain a choice of law provision it will be governed by the state in which it was executed and state with most significant relationship to the parties

Question 2

Fault Grounds for Divorce

Answer 2

Adultry, willful desertion for a specified time, extreme physical and mental cruelty, voluntary drug addiction or habitual drunkenness’ and spouses mental illness

Question 3

Void Marriage

Answer 3

1. Bigamy
2. Consanguinity
3. Nonage (some states)
   Effect: Cannot be ratified and a complete nullification even without court order. Any interested party may seek. Defense: Impediment does not exist.

Question 4

Voidable Marriage

Answer 4

1. Nonage
2. Incurable physical impotence
3. Lack of capacity
   Effect: Can be ratified, valid until declaration of annulment. Only spouses may seek annulment. Not subject to collateral attack.
   Defense: Ratification/Laches/Estoppel/Unclean Hands

Question 5

Preliminary interlocutory Decrees and Final Orders

Answer 5

Some states provide that divorce decrees are interlocutory when initially granted and do not become final decrees until after a specified period of time. Watch out for fact pattern where a state decree was granted but not yet final. you cannot remarry in that period and do continue to inherit from one another

Question 6

UIFSA

Answer 6

1. Enforcement by income withholding from employer or support enforcement in the obligors state
2. Modifying: Can only enforce other judx order unless (1) the parties no longer reside in the issuing state or (2) the parties consent in a record to the non issuing court assertion of judx

Question 7

UCCJEA

Answer 7

1. Primary test - Home Judx: (1) is the childs home state or (2) was the childs home state within the past 6 months and the child is absent from that state, but a parent or person acting as parent continues to live in that state. Must have lived for at least six consecutive months immediately prior to commencement of the proceedings.
2. When no home state - if no other state has or accepts home judx (1) the child and at least one parent have a significant connection with the state and (2) substantial evidence concerning the child is available