Family Law Lecture 1 (of 3) (Part 2): Marriage and Partnerships

Key Concepts

Requirements for Valid Statutory Marriage:

Obtaining a marriage license from the appropriate government authority.
Meeting eligibility requirements such as age, not being currently married (bigamy), and not being too closely related (consanguinity).
Solemnization of the marriage by a recognized officiant (e.g., clergy, judge) in the presence of any legally required witnesses.
Voluntary consent of both parties, with the requisite mental capacity to understand the nature of the marriage contract.

Common-Law Marriage:

Recognized in a limited number of jurisdictions.
Requires cohabitation, holding oneself out to the public as married (e.g., using a common name, referring to each other as spouses), and a present intent by both parties to be married.
If validly formed in a recognizing state, generally receives full faith and credit in other states.
Requires a formal divorce to terminate, similar to a statutory marriage.

Prenuptial Agreements:

Contracts entered into before marriage that typically address property division, spousal support, and other financial matters in the event of divorce or death.
Require voluntary agreement, full disclosure of assets and liabilities by both parties, and often the opportunity for independent legal counsel to be enforceable.
Generally cannot determine child custody or child support in a way that is not in the best interest of the child.
May be deemed unenforceable if unconscionable at the time of enforcement due to drastically changed circumstances.

Postnuptial Agreements:

Contracts entered into after marriage that address similar issues as prenuptial agreements.
Subject to many of the same requirements for enforceability as prenuptials (voluntariness, full disclosure).
May face additional scrutiny due to the existing marital relationship and potential for undue influence.
Can modify state default rules regarding property division and spousal support, provided they are fair and knowing.

Domestic Partnerships:

A legally recognized status that provides some, but not all, of the rights and responsibilities of marriage.
Recognition and the scope of rights vary significantly by state and locality.
Often established through formal registration with a government entity.
May offer benefits such as health insurance, hospital visitation, or inheritance rights.
Recognition is not as uniform across jurisdictions as marriage, potentially leading to legal complexities when partners relocate.
Distinguished from common-law marriage by the requirement of formal registration in most cases.
Cohabitation agreements can serve a similar purpose for domestic partners or unmarried couples, relying on contract law principles for enforcement.

Published on 9 months, 1 week ago

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