Family Law

Question 1

Premarital agreement

Answer 1

1.Can agree to keep property separate
2. Can waive spousal support unless spouse would be on state or federal support w/o it

Question 2

Unenforceable agreements in premarital agreement

Answer 2

Provisions regarding children because May not be in the best interest of the child

Question 3

Requirements for a valid premarital agreement

Answer 3

1. In writing and signed
2. Must be voluntary
3. Must be full disclosure of assets or independent knowledge of assets

Question 4

Facts considered when determining validity of prenuptial agreement

Answer 4

1. Whether it was unconscionable?
2. Whether it was fair to the parties? Was there representation, was there and educational level difference

Question 5

What state law will apply for premarital agreements

Answer 5

The agreed upon law but if not then the state law with the most significant connections to the parties will apply or where the agreement was executed

Question 6

Annulment of a marriage

Answer 6

When there is a defect in the requirements of marriage

Question 7

Requirements of a ceremonial marriage

Answer 7

1. License (most states have waiting period between getting the license and the ceremony)
2. Ceremony w/ an authorized officiant
3. No legal impediment

Question 8

What is the effect on the marriage for failure to meet the procedural requirements of a license

Answer 8

Will not invalidate the marriage

Question 9

What are considered legal impediments

Answer 9

1. Being too closely related (ascendants, descendants, and siblings, aunts, uncles, half or whole blood, adoption, step family members)
2. Bigamy

Question 10

Requirements of a common law marriage

Answer 10

Valid marriage with out a license or ceremony
1.consent to marry
2. Cohabitation
3.hold selves out as spouses

Question 11

What is the exception to a state recognizing a common law marriage that doesn’t normally recognize it

Answer 11

If they come from a state that does recognize it

Question 12

Putative marriage

Answer 12

Marriage by estoppel: equitable remedy for invalid marriage used to protect the innocent party and that spouse benefits

Question 13

Property rights in marriage

Answer 13

Title is not dispositive when dividing property.

Question 14

Rights under marriage

Answer 14

1. Rights to property (title is not dispositive of property rights)
2. Obligation to support: doctrine of necessaries
3. Spousal abuse orders: a spouse can get a protective order against another spouse for domestic abuse
4. Tortious interference with marriage: 3rd party comes into a marriage and commits a tort that interferes with the marriage

Question 15

Tortious interference with marriage

Answer 15

1.Alienation of affection: 1.love and affection between a valid marriage 2.love and affection was destroyed 3. Defendants actions caused the loss of the love and affection

2. Criminal conversation: 1.valid marriage 2. Adultery 3.

Question 16

Void marriage

Answer 16

When the parties fail to meet an essential requirement of marriage. Automatically null. Can be attacked by third parties

Question 17

Can a void marriage become valid

Answer 17

Removal of the impediment (some states recognize this)
Some states: have to remarry

Question 18

Voidable marriage

Answer 18

When a event or condition affects the adequacy of the parties consent. Treated as valid until nulled. Can only be attacked by the party who suffered.
Ex. Under age, capacity, duress,fraud

Question 19

Can a voidable marriage be turned into a valid marriage

Answer 19

Yes through removal of the impediment. After removal of the impediment and continue to live together then a valid marriage and can no longer seek a null because ratify the marriage.

Question 20

What does a person challenging the validity of a marriage have to overcome

Answer 20

The presumption that the marriage is valid by showing that there was a prior marriage that did not end in death or divorce. Because the second marriage is presumed to be valid.

Question 21

What is the effect of annulment

Answer 21

Marriage is set aside as if it never existed. Children are still considered marital children. Under property right courts try to put the parties in the position of their pre marriage state as if they were never married

Question 22

Separation agreements

Answer 22

Entered into after marriage. Enforceable if supported by consideration. Parties can agree on custody and child support but court is not bound by it.

Question 23

Separation agreements

Answer 23

Entered into after marriage. Enforceable if supported by consideration. Parties can agree on custody and child support but court is not bound by it.