Family Law Flashcards
When are premarital agreements enforceable?
- When there has full disclosure
- Agreement is fair and reasonable
3.and it is voluntary.
The agreement must be in writing and signed by the party’s to be charged. Any cheeses relating child support and custody are unenforceable.
is a party’s insistence on signing the prematirtal agreement considered duress?
NO
What must the party against whom the agreement is being enfroced prove?
(1) involuntariness or (2) unconscionability when the agreement was executed and that he or she did not did not have, or reasonably could not have had, adequate knowledge of the other’s assets and obligations due to lack of disclosure
What does the court look to when determing if an agreement was voluntary?
- time pressure,
- the parties’ previous business experience, 3. the opportunity to be represented by independent counsel.
what law governs marital agreements
UPAA
MARTIAL PROPERTY
generally assets or property aquired during a marriage are considered martial assets.
***property aquired by gift or inheritance are not considered marital assets.
Separate property is not subject to division at divorce, but classification of the appreciation in separate property usually depends on whether it can be attributable to spousal labor.
what is the standard for determing custody?
“best interests and welfare of the child.”
sexual conduct of the parent will only be a factor if it has a negative effect on the child.
how is custody decided?
- including the ability to financially support the child,
- relationships with family members,
- general familial stability,
- the child’s preference (if she is at an age to make such a choice),
- who is the primary caretaker.
***There is no presumption in favor of the mother.
factors used in child support cases
The primary-caretaker doctrine not only encompasses the day-to-day care of the child, but also includes the quantity and quality of the time spent with the parent at the time of the hearing, rather than in the past.
