Family Law SULC exam 2023 with 100% correct answers

La. C.C. art 1740 Division following substitution of common descendants If the common descendants of the spouses and themselves substituted to both or one of the spouses, the property to which the common descendants are entitled shall be divided among them in accordance with the provisions of Chapter 2 of Title I of Book III. La. C.C. art 88 Impediment of existing marriage A married person may not contract another marriage. La. C.C art 2030 Absolute nullity of contracts A contract is absolutely null when it violates a rule of public order, as when the object of a contract is illicit or immoral. A contract that is absolutely null may not be confirmed. Absolute nullity may be invoked by any person or may be declared by the court on its own initiative. La. C.C. art 2033 Effects An absolutely null contract, or a relatively null contract that has been declared null by the court, is deemed never to have existed. The parties must be restored to the situation that existed before the contract was made. If it is impossible or impracticable to make restoration in kind, it may be made through an award of damages. Nevertheless, a performance rendered under a contract that is absolutely null because its object or its cause is illicit or immoral may not be recovered by a party who knew or should have known of the defect that makes the contract null. The performance may be recovered, however, when that party invokes the nullity to withdraw from the contract before its purpose is achieved and also in exceptional situations when, in the discretion of the court, that recovery would further the interest of justice. Absolute nullity may be raised as a defense even by a party who, at the time the contract was made, knew or should have known of the defect that makes the contract null. La. C.C. art 101 Termination of marriage Marriage terminates upon: The death of either spouse. Divorce. A judicial declaration of its nullity, when the marriage is relatively null. The issuance of a court order authorizing the spouse of a person presumed dead to remarry, as provided by law. La. C.C. art 86 Marriage; definition Marriage is a legal relationship between a man and a woman that is created by civil contract. The relationship and the contract are subject to special rules prescribed by law. La. C.C. art 87 Contract of marriage; requirements The requirements for the contract of marriage are: The absence of legal impediment. A marriage ceremony. The free consent of the parties to take each other as husband and wife, expressed at the ceremony. La. C.C art 1740 Division following substitution of common descendants If the common descendants of the spouses find themselves substituted to both or one of the spouses, the property to which the common descendants are entitled shall be divided among them in accordance with the provisions of Chapter 2 Title I Book III La. C.C. art 2327 Legal Regime The legal regime is the community of acquets and gains established in Chapter 2 of Title 6. La. C.C. art 2328 Contractual regime; matrimonial agreement A matrimonial agreement is a contract establishing or terminating the legal regime. Spouses are free to establish by matrimonial agreement a regime of separation of property or modify the legal regime as provided by law. The provision of the legal regime that have not been excluded or modified by agreement retain their force and effect. La. C.C. art 2330 Limits of contractual freedom Spouses may not by agreement before or during marriage, renounce or alter the marital portion or the established order of succession. Nor may the spouses limit with respect to third persons the right that one spouse alone has under the legal regime to obligate the community or to alienate, encumber, or lease community property. La. C.C. art 2331 Form of matrimonial agreement A matrimonial agreement may be executed by the spouses before or during marriage. It shall be made by authentic act or by an act under private signature duly acknowledged by the spouses. La. C.C. art 2332 Effect toward third persons A matrimonial agreement, or a judgment establishing a regime of separation of property is effective toward third persons as to immovable property, when filed for registry in the conveyance records of the parish in which the property is situated and as to movables when filed for registry in the parish or parishes in which the spouses are domiciled. La. C.C. art 1734 Donation in contemplation of marriage by third persons; in general Any third person may make a donation inter vivos in contemplation of a prospective marriage in accordance with the provision of Chapter 8. Such a donation shall be governed by the rules applicable to donations inter vivos in general, including the rules pertaining to the reduction of donations that exceed the disposable portion, but only insofar as those general rules are modified by the articles of Chapter 8 Section 1. A donation inter vivos by a third person in contemplation of a prospective marriage that is not made in accordance with the provisions of Ch. 8 shall be governed solely by the rules applicable to donations inter vivos in general. La. C.C. art 1736 Condition The donation shall be made subject to the suspensive condition that the prospective marriage shall take place. La. C.C. art 1737 Beneficiaries The donor may donate any of his present property to both or one of the prospective spouses. The donation may not, however, be made to their common descendants, whether already born or to be born. La. C.C. art 2346 Objects and beneficiaries The donation, which may consist of an of the donor's present property or all or any of the property that the donor will leave at his death, may be made to the donor's future or present spouse. The donation may not, however, be made to their common descendants, whether already born or to be born. R.S. 9:237 A.B. Information on matrimonial regime and covenant marriage laws; printed summary A. On receiving an application for a license to marry, the license-issuing officer shall deliver to each prospective spouse, either in person or by registered mail, a printed summary of the then current matrimonial regime laws of this state and the covenant marriage law of this state. B. The summary of matrimonial regime law shall emphasize the possibility of contracting expressly a regime of one's choosing before marriage, that spouses who have not entered into a matrimonial agreement before marriage become subject to the legal regime by operation of law, and the possibility of contracting after marriage to modify the matrimonial regime. R.S. 9:237 C. Information on matrimonial regime and covenant marriage laws; printed summary The summary of covenant marriage law shall emphasize that premarital counseling is mandatory at which time the necessary documents consisting of the declaration of intent and the affidavit and attestation of the counselor shall be executed, that the couple agrees to take all reasonable steps to preserve their marriage of marital difficulties arise, including marriage counseling, that divorce in a covenant marriage is restricted to fault by a spouse and living separate and apart for two years as provided in R.S. 9:307, that expenses for additional legal and marital counseling may be incurred by the couple in order to obtain a legal termination of a covenant marriage, and that divorce under the general marriage law of this state differs significantly. La. C.C. art 89 Impediments of same sex Persons of the same sex may not contract marriage with each other. A purported marriage between persons of the same sex contracted in another state shall be governed by the provisions of Title II of Book IV of the Civil Code. La. C.C. art 90 Impediments of relationship A. The following person may not contract marriage with each other: (1) Ascendants and descendants. (2) Collaterals within the fourth degree La. C.C. art 92 Marriage by procuration prohibited A marriage may not be contracted by procuration. La. R.S. 9:201 Offficiant An officiant is a person authorized by law to perform marriage ceremonies. La. R.S. 9:202 Authority to perform marriage ceremony A marriage ceremony may be performed by: (1) A priest, minister, rabbi, clerk of the Religious Society of Friends, or any clergyman of any religious sect, who has attained the age of majority and is authorized by the authorities of his religion to perform marriages, and who is registered to perform marriages; (2) A state judge or justice of the peace.