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MEE > Family Law > Flashcards

Family Law Flashcards

1
Q

Uniform Premarital Agreements Act (UPAA)

A

§ Can agree to keep property separate
§ Can waive spousal support
§ Courts NOT bound by provisions regarding children

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2
Q

Requirements for a Valid Premarital Agreement

A

§ In writing and signed
§ Entered into voluntarily
§ Full disclosure or independent knowledge of assets
· Only applies if the agreement was unconscionable

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3
Q

Marriage Requirements

A

§ License
· Failure to get license will not render marriage invalid
§ Ceremony with authorized officiant
§ No legal impediment
· Cant be too closely related
· Can’t be married to someone else (bigamy)
§ Capacity to consent

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4
Q

Common Law Marriage

A

§ Consent to marry
§ Cohabitation
§ Hold selves out as spouses

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5
Q

Void Marriage

A

§ Utter nullity
§ No legal action needed (marriage was invalid at the start)
§ Can be attached by third party
§ Examples: Bigamy, too closely related

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6
Q

Voidable marriage

A

§ Valid until declared null
§ No collateral attacks
§ (issues with consent)
§ Can be remedied
§ Examples: Nonage, capacity, duress, fraud

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7
Q

Annulment

A

Not the same thing as a divorce. Marriage set aside as if it never existed.

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8
Q

Divorce Jurisdiction

A

One spouse must be domiciled in state

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9
Q

No-Fault Divorce Grounds

A

· Dissolution without regard to fault
· Irreconcilable differences
· Living separate and apart for specified time

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10
Q

Fault Grounds for Divorce

A

· Adultery
· Desertion (Abandonment)
· Cruelty (mental or physical)
· Habitual drunkenness or drug abuse (beginning after the marriage)
· Insanity

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11
Q

Defenses to Divorce

A

§ No-Fault
· Reconciliation
§ Fault
· Collusion
· Connivance
· Condonation
· Recrimination

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12
Q

Approaches to Dividing Property at Divorce

A

§ Community property
§ Equitable division of all property
§ Equitable division of marital property

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13
Q

Marital Property

A

o Property acquired during marriage
o Earnings
o Employment benefits
o Lost wages
o Reimbursements
o Recovery for damage to marital property

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14
Q

Separate Property

A

o Property owned before marriage
o Property acquired by gift or inheritance
o Property acquired in exchange for separate property
o Income and appreciation of separate property
o Pain and suffering awards
o Personal damages
o Property acquired after legal separation

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15
Q

Commingling

A

Separate property can become marital if inextricably intertwined
§ Ex. Bank accounts

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16
Q

Transmutation of Separate Property

A

Separate property becomes marital property based on intent of parties

17
Q

Improvement of Separate Property

A

Court will grant reimbursement for value added

18
Q

Spousal Support

A

o Permanent Periodic Support
§ Example: $2000 per month to spouse until death or remarriage

o Lump Sum Support
§ Example: $36,000 paid at a rate of $1000 per month for 36 months

o Rehabilitative Support
§ Example: $1,000 per month for 36 months to gain education or skills

o Reimbursement Support
§ Example: $20,000 as repayment for the supporting spouse’s contribution to the increased education provided to the other spouse

19
Q

Factors Considered when Awarding Alimony

A

§ Standard of living during marriage
§ Duration of marriage
§ Age and physical and emotional conditions of both parties
§ Financial resources of each party
§ Contribution of each party
§ Time needed to obtain education or training
§ Ability of payor spouse to meet own needs
§ Some jurisdictions: Marital fault
§ Most important factors= needs of claimant spouse and ability of other spouse to pay

20
Q

Termination of Spousal Support

A

§ Recipient remarries
§ Either spouse dies
§ Most jurisdictions: Cohabitation with another

21
Q

Separation Agreements

A

§ Entered into after marriage
§ Enforceable if supported by consideration
§ Must have full disclosure of asses
§ Can waive alimony and equitable distribution of property
§ Can agree on custody and child support
· But court is not bound

22
Q

Duration of Child Support

A

§ Age of majority
§ Death of child
§ Emancipation of child
§ Termination of parental rights

23
Q

Jurisdiction over Child Support Orders

A

§ UIFSA: Uniform Interstate Family Support Act
· Original jurisdiction
o Where first filed
o Child’s Home state
· Jurisdiction to enforce
o Direct enforcement
o Registration
· Jurisdiction to Modify
o Continuing exclusive jurisdiction to modify
o Modification of Child Support Orders
§ Substantial and continuing change of circumstance

24
Q

Tax Consequences of Child Support Orders

A

§ Child support orders are not taxable events

25
Q

Enforcement of Child Support Awards

A

§ Can be enforced through civil or criminal contempt
§ Wage withholding and property seizures (not used often)
§ Can also garner tax refunds

MEE (4 decks)

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