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a written contract (Statute of Frauds requires it to be in writing) entered into by prospective spouses regarding their rights & responsibilities during marriages and in the event of divorce;
also known as antenuptial or prenuptial agreement;
enforcement barred by lack of full disclosure, duress, unconscionability;
Posner case change popular view from "void as against public policy" to commonplace and acceptable as long as meet validity standards |
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| individuals who represent themselves in court, also known as pro per |
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| where a state may grant an attorney special permission to handle one particular case |
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| consideration by the court of what circumstances exist at the time of enforcement of a prenup. agreement in order to protect spouses from changes in circumstances that occurred since the date of the signing of the agreement |
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| some relief granted temporarily by the court, during the litigation process |
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| lawsuit for support filed against a cohabitating partner; created by the Marvin case |
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| sum of money, or other property, paid by a former spouse to the other for financial support, pursuant to court order, may be temporary or final---may be waived (parties may state, in writing, that they choose not to receive alimony) |
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| Defense of Marriage Act (DOMA) |
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Definition
federal law passed in response to attempts of gay rights activists to require states to recognize same sex marriage, states:
1. fed definition of marriage is between one man & one woman
2. states do not have to recognize same sex marriages from other states (despite constitutional full faith and credit clause) |
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| prior to the introduction of no fault divorce, the court would only grant a divorce based on a valid reason such as mental or physical cruelty, adultery, desertion |
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| unauthorized practice of law (UPL) |
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| when a nonattorney engages in any activity that the state UPL statute prohibits; providing legal advice, negotiating on behalf of a client, setting fees, appearing in court, etc. |
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| pre-printed documents used to insure all important info is collected from new or potential client |
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| court conferred right permitting parties in lawsuit to maintain confidential info between certain parties, such as attorney-client or spouses; parties are not required to testify as to this confidential info |
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| the ethical rule that protects communications between attorneys and their clients; nothing to do with evidentiary rule of privilege |
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| requirement of a premarital agreement |
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full disclosure of assets/debts
contractual capacity
writing
signature of both parties
cannot be unconscionable |
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Waton case sets standard for full disclosure with two prong test:
1. Is the agreement unfair/unreasonable?
2. If so, creates rebuttable presumption of concealment or lack of knowledge & burden of proof shifts to defending spouse by showing:
a. full, frank disclosure
b. reasonable and proximate knowledge |
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same sex
bigamy
underage
consanguity
affinity |
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Workers Comp Benefits
Right to file wrongful death suit
Loss of consortium claim
probate/estate status
military benefits
immediate immigration citizen benefits
insurance benefits
etc. |
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| unmarried parties living together as if married |
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| committed relationship between two persons of the same sex who reside together and support each other, in mutually exclusive partnership |
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| a right either expressed in the Constitution or one that the Supreme Court has stated may be inferred from the existing rights |
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| one party merely has to allege that the marriage has broken down and that there is no hope of reconciliation for the court to dissolve the marriage |
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| a belief generally held by a majority of the public as to the desirability or rightness or wrongness of certain behavior and how it affects the public at large |
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| a marriage that is invalid at the time of its creation (void ab initio - invalid at inception) |
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| a marriage that is invalid at its inception but remains in effect unless the court terminates it |
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