Family Law

Question 1

Premarital Agreements: Uniform Premarital Agreements Act (UPPA)

Answer 1

WV SUD
1. In writing
2. Entered into voluntarily:
3. Signed
4. Unconscionable (not)
5. Disclosure (full)

Question 2

Marriage
Requirements:

Answer 2

CLIC- ceremony, license, impediments (no), capacity.

Question 3

Common Law Marriage: Requirements:

Answer 3

(i) Consent to marry, (ii) cohabitation, (iii) hold themselves publicly as spouses.

Question 4

Three main approaches to dividing Property at time of divorce:

Answer 4

1. Community Property: All property acquired during marriage is owned one half by each spouse. (Not Maj Rule)
2. Equitable Division of all property: Court divide all property bw spouses, acquired before or after marriage. (Not Maj Rule)
3. Equitable Division of Marital Property: Each spouse takes home his or her own separate property and the marital property is what gets divided.

Question 5

Considerations to award alimony:

Answer 5

FACTS – -Financial resources of each party (age) -Ability of the spouse paying support to meet their own needs -Contributions of the parties -Times necessary for the party seeking support to obtain employment -Standard of living established during the marriage.

Question 6

Types of alimony

Answer 6

Types of alimony
Permanent
Rehabilitative
Lump sum
Reimbursement