Bar Exam - Family Law with Complete
Solutions
Gifts in contemplation of marriage if no marriage - ANS-Gift is subject to condition
subsequent of marriage, and then must be returned if don't get married
Requirements for antenuptial agreement - ANS--In writing and signed
-Entered into voluntarily
-Full disclosure or independent knowledge of assets
---Under UPAA, first need to determine if agreement unconscionable
-Some courts consider whether economic provisions are fair and reasonable
Valid marriage requirements - ANS--License
-Ceremony with authorized officiant
-No legal impediment
-Capacity to consent
Common law marriage and requirements - ANS-Valid marriage without license or
ceremony
Requirements
-consent to marry, which includes having capacity and no legal impediment
-Cohabitation
-hold themselves out as spouses (look for what community considers and look at legal
documents)
Most states don't allow
Marriage by estoppel - ANS-Equitable remedy for invalid marriage
Protect an innocent party who acted in good faith when entering into an invalid marriage
Property rights during marriage - ANS-During marriage, each spouse owns and controls
the property in their own name, but title not dispositive in case of divorce
Many states consider tenancy by the entirety to be presumptively created
Doctrine of necessaries - ANS-Can be used to make other spouse pay third parties for
necessary expenses
Alienation of affection - ANS-A tortious interference with marriage claim
, -Valid marriage with love and affection
-love and affection alienated and destroyed
-D's actions caused loss of love and affection
---D's defense is the marriage already falling apart
Adultery not a requirement, in laws have been sued e.g.
Criminal conversation - ANS-A tortious interference with marriage claim
-Valid marriage
-Adultery
Annulment - ANS-Backwards looking doctrine; only for invalid marriage that is void or
voidable
Void marriage - ANS--When they fail to meet a requirement for marriage
-Utter nullity and no legal action needed
-Can be attacked by 3Ps (IRS, etc.)
-Only some states allow it to become valid if impediment removed and they continue to
cohabit
-Examples: bigamy, too closely related
Voidable marriage - ANS-When some aspect of marriage affected ability of capacity to
consent
-Treated as valid until declared null
-no collateral attacks by 3Ps
-can be remedied (e.g. by ratifying after someone regained consent or by living together
after removing impediment)
-Examples: nonage, capacity, duress, fraud
---for fraud, must affect essential element of marriage
Effect of annulment (generally, children, spousal support, property) - ANS--Generally,
marriage set aside as if it never existed
-Children remain marital children and child support may be awarded
-Generally, no spousal support, although some jxs differ
-for division of property: place parties in position they were in pre-marriage
Statute for marriage and divorce - ANS-UMDA: Uniform Marriage and Divorce Act
Statute for premarital agreements - ANS-UPAA: Uniform premarital agreement act
Jurisdiction for divorce - ANS-Only one spouse must be domiciled in state
-residence and intent to remain
When $ involved, court must also have PJ over other spouse for financial matters
Multiple states could have jx
Solutions
Gifts in contemplation of marriage if no marriage - ANS-Gift is subject to condition
subsequent of marriage, and then must be returned if don't get married
Requirements for antenuptial agreement - ANS--In writing and signed
-Entered into voluntarily
-Full disclosure or independent knowledge of assets
---Under UPAA, first need to determine if agreement unconscionable
-Some courts consider whether economic provisions are fair and reasonable
Valid marriage requirements - ANS--License
-Ceremony with authorized officiant
-No legal impediment
-Capacity to consent
Common law marriage and requirements - ANS-Valid marriage without license or
ceremony
Requirements
-consent to marry, which includes having capacity and no legal impediment
-Cohabitation
-hold themselves out as spouses (look for what community considers and look at legal
documents)
Most states don't allow
Marriage by estoppel - ANS-Equitable remedy for invalid marriage
Protect an innocent party who acted in good faith when entering into an invalid marriage
Property rights during marriage - ANS-During marriage, each spouse owns and controls
the property in their own name, but title not dispositive in case of divorce
Many states consider tenancy by the entirety to be presumptively created
Doctrine of necessaries - ANS-Can be used to make other spouse pay third parties for
necessary expenses
Alienation of affection - ANS-A tortious interference with marriage claim
, -Valid marriage with love and affection
-love and affection alienated and destroyed
-D's actions caused loss of love and affection
---D's defense is the marriage already falling apart
Adultery not a requirement, in laws have been sued e.g.
Criminal conversation - ANS-A tortious interference with marriage claim
-Valid marriage
-Adultery
Annulment - ANS-Backwards looking doctrine; only for invalid marriage that is void or
voidable
Void marriage - ANS--When they fail to meet a requirement for marriage
-Utter nullity and no legal action needed
-Can be attacked by 3Ps (IRS, etc.)
-Only some states allow it to become valid if impediment removed and they continue to
cohabit
-Examples: bigamy, too closely related
Voidable marriage - ANS-When some aspect of marriage affected ability of capacity to
consent
-Treated as valid until declared null
-no collateral attacks by 3Ps
-can be remedied (e.g. by ratifying after someone regained consent or by living together
after removing impediment)
-Examples: nonage, capacity, duress, fraud
---for fraud, must affect essential element of marriage
Effect of annulment (generally, children, spousal support, property) - ANS--Generally,
marriage set aside as if it never existed
-Children remain marital children and child support may be awarded
-Generally, no spousal support, although some jxs differ
-for division of property: place parties in position they were in pre-marriage
Statute for marriage and divorce - ANS-UMDA: Uniform Marriage and Divorce Act
Statute for premarital agreements - ANS-UPAA: Uniform premarital agreement act
Jurisdiction for divorce - ANS-Only one spouse must be domiciled in state
-residence and intent to remain
When $ involved, court must also have PJ over other spouse for financial matters
Multiple states could have jx
