Common law marriage
- exchange of consents between two people with capacity;
- cohabitation; and
- holding out publicly of living together as spouses
enforcement of premarital agreements
- voluntary; 2. writing; 3. full and fair disclosure of financial worth, 4. fair and reasonable
will be unenforceable if not voluntary or unconscionable
who controls marital property
each spouse controls their own property
spouses taking real estate in joint names is called:
tenancy by the entirety
surivorship and prohibits conveyance or encumbrance of property by one spouse
Spousal obligation of support
during the marriage
also agency- may require one spouse be held liable
and liable for necessaries
can families be regulated by the courts
no- internal affiars cannot generally be regulated and families have right to expect privacy
fault grounds
- adultery
- willful desertion
- cruelty
- drug addiction or drunkenness
- mental illness
nofault divorce
- marriage irretrievably broken and or
2. parties have been living apart for a specified time
legal separation-
doesn’t terminate but
separation agreements
parties agree to live apart and resolve economic issues and custody rights
must be voluntary, full and fair disclosure
removal of child from the jurisdiction
most allow moving out of state as long as it is motivated by benefit to the parent and not merely to frustrate visitation rights
withdrawing consent on adoption
cannot be wthdrawn after a decree of adoption entered.
UPA- establishing parent child relationship
- giving birth
- being married to mother during marriage or within 300 days after marriage is terminated
- adjudication of parentage
- adoption
- acknowledgement
- content to assisted reproduction
7 consent by intended parent to a surrogacy agreement
