Family Law Ch. 4

• Antenuptial
• Premarital
• Prenuptial

Post-nuptial

Cohabitation agreements

• Divorce planning provisions were though to encourage or promote divorce
• Courts took a paternal prespective towards women.

• Little evidence that prenups promote divorce
• Provides predictability
• Women no longer need to be protected by the courts
• Seen as promoting domestic happiness & resolving potential litigation.

• Protects children of previous marriages
• Protects asset (before or individually gained during the marriage)
• Establishes the rights and expectations of the parties

• Uniform Premarital Agreement Act
• Made in the contemplation of marriage and effective upon the marriage
• Must be in writing
• Signed by the parties

• Did not execute voluntarily
• Did not have the capacity to enter into the contract
• Disclosure did not occur and enforcement would be unconscionable.
• Non-disclosure was not waived in writing.

Si.

• Child Custody
• Child Support
• Illegal provisions
• Against public policy

• Social Change - cohabitating instead of marriage
• Cohabitation agreement - a contract that specifies rights and responsibilities for people intending to live together

• a lawsuit for support against a cohabitating partner
• Not in Indiana

First case to recognize a contract between cohabitants.

an agreement between the parties regarding the specific terms. (parties do not generally negotiate the terms of their roles and expectations)

The intention of the parties is inferred by their conduct. (How did the parties conduct themselves in the relationship?)

• No actual contract has been entered into
• One party has been unjustly enriched
• Imposed by the court

Cohabiting couple works on a business enterprise that is owned by one of the parties. (Like dissolution of a partnership, assets of company broken down)

one party, the trustee holds legal title for the benefit of the beneficiary.

Imposed by the courts to avoid unjust enrichment when there is no intent between the parties to create a trust.

express contract or equitable contract theory such as unjust enrichment.

"If you deny same-sex marriages, you are supporting Christianity" (Church & State are suppose to be separated)

Loving v. Virginia - fundamental right to marry regardless of race.

Not allowing same-sex marriage violations the rights of the constitution.

Marriage promotes procreation and instills social values

States are able to make their own laws and recognize other state laws.

• Defense of Marriage Act
• Created by congress; removed the "full faith and credit" clause from marriage.
• Same-Sex marriage will never get their rights on a federal level.

Marital Procreation

• Federal: DOMA and Federal Marriage Amendment (Proposed to U.S. Constitution)
• States: statutes defining marriage to a man and woman. State constitution amendment.

• Civil Unions
• Partnerships
• Cohabitation