Family Law

Question 1

Family Law is always held in?

Answer 1

State Court

Question 2

Premarital Analysis

Answer 2

1. PJ is where PA is either signed or (2) where significant relationship between agreement and marriage is.
2. Enforceability of PA is determined by whether the agreement is in writing, signed, fair and voluntary, and full discloses financial and property obligations. PA provisions generally must always be in the best interest of the child. Courts have broad discretion based on a totality of the circumstances to enforce PAs. Alimony provisions are allowed, but child support and custody provisions are never allowed. Parents have an absolute obligation to support their children. For adoptive children, parents must show a full commitment to caring for child.

Question 3

Marriage Agreement Analysis

Answer 3

1. Truthfullness
To have a valid marriage, a party must not materially misrepresent thier position by lying about pregnancy with another person, thier religious beleiefs, or their impotency.
2.Lawfulness
The agreement must also be lawful
An unlawful marriage is one that is of bigamy (already married to another), insect, or to a minor. However, same sex marriages are lawful.