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Family Law - Coggle Diagram

- - - - generally valid devices for spouses to resolve disputes in the event of divorce
      - most states requires signed writing by spouses
    - - procedural unfairness
        
        fullness of disclosure of networth
        
        availability of independent counsel or knowing and voluntary waiver of such
        
        most states do not require independent council - will consider other factors instead
        
        such as:
        
        limited language skills
        
        lack of practical alternatives
        
        timing of acceptance
        
        relative bargaining power and their relative financial and legal knowledge
        
        Adequate disclosure
        
        fair an reasonable disclosure of their assets and debts
        
        not required if the couple waives this or the couple already has access to that knowledge
        
        Voluntariness
        
        fraud
        
        misrepresentation
        
        duress
        
        consider cumulative facts and circumstances, such timing, availability of council, and language
      - substantive unfairness
        
        Most states have adopted the uniform premarital agreement act (UPAA)
        
        UPAA
        
        look at whether PA was fait at time of signing, not time of enforcement
        
        UPAA says PA unenforceable if:
        
        lack of voluntariness; OR
        
        court finds that both:
        
        inadequate disclosure (procedural unfairness); AND
        
        the agreement was unconscionable (@ time of signing)
        
        1 more item...
      - Subject Matter of Premarital Agreements
        
        Agreements concerning property division are permissible
        
        Waiver of Alimony
        
        majority view and modern trend: permits waiver of alimony
        
        however, some state permit only property division provisions
        
        states tend closely scrutinize these agreements though
        
        Children
        
        basically every state says it is against public policy for a PA to abrogate/limit the obligation
        
        Sexual relations
        
        most states say you can't state sex quotas
  - - - Most states requires a formal marriage
      - a formal marriage reqs BOTH:
        
        a marriage license and
        
        solemnization by state-authorized official
      - FM are presumptively valid - meaning challenging party has burden to prove invalid marriage
    - - four reqs
        
        capacity to marry
        
        none of the restrictions to validity of a marriage
        
        present intent to be married
        
        Cohabitation
        
        have to live with + have sexual relationship
        
        hold yourselves out as spouses
      - Burden of proof - is on the spouses
    - - Obergefell made it legal
    - - Nonage
        
        majority rule
        
        minor under 14 can't get married
        
        if either party is a minor between 14-18, a marriage license will not be issued w/o consent of a parent/guardian
        
        Minority
        
        a minor between 14-16 need court's approval
        
        some states allow a minor that is pregnant to marry
      - Consanguinity and Affinity
        
        Consanguinity (majority rule)
        
        marriage license will not be issued for marriages between blood relatives (full or half) who are:
        
        ancestor and descendant;
        
        brother and sister; or
        
        uncle and niece, or aunt and nephew
        
        Affinity (small minority of states)
        
        the prohibition against marriage is extended to these same relationships when parties are relatives by marriage
        
        marriage between first cousins: state are spilt
    - - where person lacks capacity to consent to marriage, the marriage is invalid
      - Fraud:
        
        Majority of states use tort definition of fraud: the misrepresentation of failure to disclose must be intended to induce theother party or enter marriage and it must be material
        
        some states only say fraud invalidates if it goes to the essence of the marriage
        
        to sexual relations and ability to desire children
    - - ability to consummate marriage is a common law requirement for marriage
        
        (can't physically have sex can't marry)
    - - you are incapable of marrying if you are still validly married
      - presumption:
    - - when a marriage is declared invalid different from divorce - treats marriage as never existing
      - Grounds:
        
        void marriage:
        
        no legal effect and cannot be recognized
        
        Voidable marriage
        
        non-age
        
        impotence of spouse
        
        marriage can be ratified
        
        temporarty lack of capacity (drunkenness); or
        
        mental incompetence
      - Effects of Annulment
        
        anulled marriage
- - - - applied against mother's husband
      - applied against mother