Family Law

Question 1

Prenup agreements - procedural fairness

Answer 1

(1) the fullness of disclosure of net worth; (2) the availability of independent counsel or knowing and voluntary waiver of such representation; (3) the timing of the presentation of the agreement, giving sufficient time to review before the wedding; and (4) the relative bargaining power of the parties and their relative levels of financial or legal knowledge.

Question 2

Legal requirements for marriage

Answer 2

License and solemnization by authorized official. Most states forgive mistake regarding official’s authorization.

Question 3

Common law marriag

Answer 3

Expression of intent, cohabitation, holding out as a married couple, and legal capacity. Demonstrated by clear and convincing evidence.

Question 4

Legal impediments to marriage

Answer 4

Nonage, consanguinity and affinity, mental incapacity/lack of consent/fraud, physical incapacity, prior marriage still in fore.

Question 5

Liability for necessaries contracted by spouse

Answer 5

Other spouse can be liable based on apparent authority, forcing the issue, or medical expenses.