Family Law (JDA One Sheet)

Question 1

Requirements to be able to be married

Answer 1

To be married each individual must (CARS):

(1) Capacity to consent
(2) Be of marital age (18 + or parental consent [14-18])
(3) Not be closely related (states split on first cousins)
(4) Be single (not already married)

Question 2

Requirements for Valid Marriage

Answer 2

(1) Capacity
(2) License
(3) Ceremony

Question 3

Which state determines validity of marriage?

Validity of marriage/recognition of CL marriages

Answer 3

State w/ most significant relationship to the spouses

A marriage that is valid where it was formed is valid everywhere unless it violates the strong public policy of another state that has the most significant relationship to the spouses and the marriage.

Thus, most states, even if they do not recognize CL marriage, will honor a CL marriage established in another state.

[however, may refuse to honor if the couple had limited contacts w/ the state where CL marriage allegedly established]

Question 4

Common Law Marriage

Answer 4

(1) capacity;
(2) [present] agreement;
(3) cohabitation for spec period of time;
(4) holding out marital relationship (e.g., common last name, joint bank account, telling others married)

Question 5

Bigamy

Answer 5

Marriage not valid

Can be saved under:

(a) equity doctrine (strong presumption most recent marriage = valid - but rebutted if 1st marriage not dissolved)
(b) UMDA → valid upon removal of impediment

Question 6

Premarital Agreements - Jdxn

Answer 6

law of either

(a) where agreement executed

or

(b) state w/ most significant relationship to transaction and parties (where married, lived while married, currently living, assets located, and children born) [majority]

Question 7

Premarital Agreement Requirements and Enforceability

Answer 7

Agreement - (1) in writing; (2) signed by both parties

Enforceability - Under UPAA, enforceable so long as

(1) voluntary (no fraud/duress/coercion)
(2) substantively fair (not unconscionable when executed)

and

(3) made with full disclosure of assets and obligations (look to see if waived disclosure of prop/financial obligations in writing or whether they had/could have had knowledge of that info)

Involuntary Factors = (1) presence of independent legal counsel; (2) length of time between agreement and wedding; (3) ability to understand the agreement; and (4) other reasons for proceeding with the marriage (i.e. pregnancy).

Question 8

Premarital Agreements

Child Custody/Support Provisions & Spousal Support Provisions

Answer 8

Child Custody/Support Provisions - Not binding on a court. Unenforceable if not in the best interest of child/adversely affecting right to support

Spousal Support Provisions - some states say invalid against pub pol; UPAA says permitted but unenforceable if makes spouse eligible for welfare

Question 9

Being Married

Mutual Support Obligation

Answer 9

All states recognize a marital duty of support between spouses

Spouse liable to creditors for necessities provided to spouse (food, clothing, shelter, and sometimes medical expenses to extent debtor spouse unable to pay)

Under doctrine of non-intervention, crts will not intervene in ongoing intact marriage to resolve disputes concerning family support, finances, and expenditures

Loss of consortium claims available to married couples only