Family Law Flashcards
(25 cards)
Uniform Premarital Agreements Act (UPAA)
§ Can agree to keep property separate
§ Can waive spousal support
§ Courts NOT bound by provisions regarding children
Requirements for a Valid Premarital Agreement
§ In writing and signed
§ Entered into voluntarily
§ Full disclosure or independent knowledge of assets
· Only applies if the agreement was unconscionable
Marriage Requirements
§ License
· Failure to get license will not render marriage invalid
§ Ceremony with authorized officiant
§ No legal impediment
· Cant be too closely related
· Can’t be married to someone else (bigamy)
§ Capacity to consent
Common Law Marriage
§ Consent to marry
§ Cohabitation
§ Hold selves out as spouses
Void Marriage
§ Utter nullity
§ No legal action needed (marriage was invalid at the start)
§ Can be attached by third party
§ Examples: Bigamy, too closely related
Voidable marriage
§ Valid until declared null
§ No collateral attacks
§ (issues with consent)
§ Can be remedied
§ Examples: Nonage, capacity, duress, fraud
Annulment
Not the same thing as a divorce. Marriage set aside as if it never existed.
Divorce Jurisdiction
One spouse must be domiciled in state
No-Fault Divorce Grounds
· Dissolution without regard to fault
· Irreconcilable differences
· Living separate and apart for specified time
Fault Grounds for Divorce
· Adultery
· Desertion (Abandonment)
· Cruelty (mental or physical)
· Habitual drunkenness or drug abuse (beginning after the marriage)
· Insanity
Defenses to Divorce
§ No-Fault
· Reconciliation
§ Fault
· Collusion
· Connivance
· Condonation
· Recrimination
Approaches to Dividing Property at Divorce
§ Community property
§ Equitable division of all property
§ Equitable division of marital property
Marital Property
o Property acquired during marriage
o Earnings
o Employment benefits
o Lost wages
o Reimbursements
o Recovery for damage to marital property
Separate Property
o Property owned before marriage
o Property acquired by gift or inheritance
o Property acquired in exchange for separate property
o Income and appreciation of separate property
o Pain and suffering awards
o Personal damages
o Property acquired after legal separation
Commingling
Separate property can become marital if inextricably intertwined
§ Ex. Bank accounts
Transmutation of Separate Property
Separate property becomes marital property based on intent of parties
Improvement of Separate Property
Court will grant reimbursement for value added
Spousal Support
o Permanent Periodic Support
§ Example: $2000 per month to spouse until death or remarriage
o Lump Sum Support
§ Example: $36,000 paid at a rate of $1000 per month for 36 months
o Rehabilitative Support
§ Example: $1,000 per month for 36 months to gain education or skills
o Reimbursement Support
§ Example: $20,000 as repayment for the supporting spouse’s contribution to the increased education provided to the other spouse
Factors Considered when Awarding Alimony
§ Standard of living during marriage
§ Duration of marriage
§ Age and physical and emotional conditions of both parties
§ Financial resources of each party
§ Contribution of each party
§ Time needed to obtain education or training
§ Ability of payor spouse to meet own needs
§ Some jurisdictions: Marital fault
§ Most important factors= needs of claimant spouse and ability of other spouse to pay
Termination of Spousal Support
§ Recipient remarries
§ Either spouse dies
§ Most jurisdictions: Cohabitation with another
Separation Agreements
§ Entered into after marriage
§ Enforceable if supported by consideration
§ Must have full disclosure of asses
§ Can waive alimony and equitable distribution of property
§ Can agree on custody and child support
· But court is not bound
Duration of Child Support
§ Age of majority
§ Death of child
§ Emancipation of child
§ Termination of parental rights
Jurisdiction over Child Support Orders
§ UIFSA: Uniform Interstate Family Support Act
· Original jurisdiction
o Where first filed
o Child’s Home state
· Jurisdiction to enforce
o Direct enforcement
o Registration
· Jurisdiction to Modify
o Continuing exclusive jurisdiction to modify
o Modification of Child Support Orders
§ Substantial and continuing change of circumstance
Tax Consequences of Child Support Orders
§ Child support orders are not taxable events
