Marital Agreements and State-Family Relationships

Question 1

Separation agreement

Answer 1

Agreement between H+W planning to divorce

Generally agreements for alimony and property division are enforceable so long as not unconscionable or based on fraud

Court can modify provisions related to CS and custody if terms are not in the best interest of the child

These agreements are generally merged into the final judgment for divorce, so long as they are based on full and fair disclosure. If unenforceable through divorce decree (requiring payment of college tuition) will only be enforceable as K provision.

Question 2

Premarital Agreement

Answer 2

K made in anticipation of marriage

Writing signed by both parties

Effective upon marriage

Enforceable if:

Fair (evaluated at time of execution of K) and reasonable disclosure of each party’s financial status;

Agreement is not unconscionable;

Agreement is voluntary

Burden of proving invalidity is on person challenging the validity.

Question 3

Cohabitation agreements

Answer 3

K between unmarried persons are invalid if only consideration is sex. When no express K, court may provide equitable distribution of property based on a trust or quantum meruit theory to avoid unjust enrichment

Question 4

Adoption

Answer 4

Statutory legal action where previous parent-child relationship is terminated and new parent-child relationship is established.

New birth certificate is issued w/ adoptive parents names. Adoptive parents stand in shoes of biological parents.

Generally records are confidential, however, may receive medical info about parents.

Must be domiciled in NC 6 months prior to adoption

Unlawful to pay or receive $ or anything of value in exchange for making a child available for adoption.

Question 5

Termination of natural parents rights

Answer 5

Biological parents may voluntarily give up rights as parents and consent to adoption

An unwed father may be denied the right to object if he does not demonstrate a commitment to the responsibilities of parenthood.

If 12 or older adoptee must consent

A court can involuntarily terminate parental rights

Question 6

Domestic violence

Answer 6

Ther perpetrator must be in a relationship w/ the victim or be a household or family member.

Attempting to or causing bodily injury

Creating apprehension of imminent serious bodily injury or

harassment that rise to the level of emotional distress or

Sexual offenses of the person or their minor child

Does not include acts of self-defense

Relief: protective order prohibiting abuse and contact w/ the victim. Fixed period not to exceed 1 year, but may be renewed for an additional fixed period. With total time not to exceed 2 years.