Family Law

Question 1

marriage requirements

Answer 1

(1) 18+ or with approval
(2) capacity to consent (must understand and voluntarily agree to and intend to enter into marriage)
(3) no prior undissolved marriage to living spouse

Question 2

breach of marriage

Answer 2

• most states do not recognize breach of promise to marry
• gifts in contemplation of marriage (e.g., engagement ring) must be returned

Question 3

common law marriage reqs

Answer 3

(1) capacity
(2) present agreement to be married (intent)
(3) cohabitation
(4) public holding out of marital relationship

Question 4

do states recognize common law marriages performed in other states, even if they do not recognize common law marriage?

Answer 4

yes; full faith and credit is given, unless against public policy

Question 5

what are pmas and under what law do they exist

Answer 5

-valid k
- uniform premarital agreement act (upaa)

Question 6

what may pmas include

Answer 6

• disposition of property upon separation or death
• spousal support
• estate
• choice of law
• child custody (provisions never bind the court, bioc)
• any other matter not in violation of public policy

Question 7

pma reqs for enforceability

Answer 7

• entered into voluntarily
• signed writing (party to be charged)
• full & fair disclosure of financial worth by parties (assets & liabilities)
• economic provisions must be fair and reasonable

Question 8

pma factors for voluntariness

Answer 8

• independent legal advice
• time to review pma
• initiation of pma

Question 9

things that make pma unenforceable under UPAA

Answer 9

• involuntarily executed
• unconscionable when executed
• lack of fair disclosure or waiver of disclosure
• inadequate knowledge of other pt’s financial obligations

Question 10

spousal rights & responsibilities

Answer 10

• control own property
• support other during marriage
• spousal testimony privilege
• spousal communication privilege

Question 11

what is an annulment

Answer 11

declaration of invalid marriage

Question 12

do other states give full faith & credit to annulments

Answer 12

yesgrou

Question 13

grounds to annul

Answer 13

1. bigamy/polygamy - void
2. consanguinity (spouses too related) - void
3. underage spouse - voidable (underage spouse may ratify later)
4. lack of capacity (no mutual assent, mental incapacity, duress, fraud) - voidable

Question 14

what is a divorce

Answer 14

decree that terminates marriage relationship

Question 15

grounds for divorce

Answer 15

adultery, willful desertion for specific time, physical or mental cruelty, habitual drug or alcohol addiction, spouse’s mental illness

Question 16

when is no-fault divorce possible

Answer 16

marriage irretrievably broken OR spouses lived apart for set time

Question 17

divorce given full faith & credit by other states?

Answer 17

yes, subject to domicile and pj requirements