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Family Law - IBMC
Terms in this set (29)
encompasses the rights, duties, and obligations involving marriages, civil unions, domestic partnerships, divorce, custody, child support, paternity, and other family related issues
Family Law Encompasses
Almost all aspects of the legal profession including: Contracts, Torts, real/Personal property, Civil procedure and litigation, Estate Law, Criminal law, and Corporate/Business law.
Grounds for annulment
Legal Capacity - Pre-existing marriage, Improper relationship by blood (consanguinity) or marriage (affinity), and physical disability (infertility, impotence). Intent - sham marriage, mental disability, Duress, and fraud.
Five new developments affecting Family Law in the 21st century
1. Equality of the sexes
2. Federalization of Family Law: Federal Paternal Kidnapping Prevention Act; Paternity Issues; and child support issues.
3. Contract dimensions of Family Law
4. Science (the emergence of surrogacy, IVF, etc.)
5. Gay rights
a fee paid to a firm regardless of the outcome of the case. May be an hourly rate, a flat rate, or a combination thereof.
Fee splitting with nonlawyers is not allowed. Fee splitting with lawyers outside the firm (for instance if a firm needs a specialist in a certain type of law) is allowed if the split is in proportion to the work performed, or the lawyers have joint responsibility, so long as the client gives informed written consent and the total fee is reasonable.
Reasonableness is determined by: the amount of time and labor involved; the complexity of the matter; the experience and reputation of the attorney; and the customary fee in the locality for that kind of case.
Letter of non-engagement
A letter sent by an attorney to a prospective client stating that the attorney will not be representing that person.
Premarital Agreement Act
A premarital agreement is not enforceable if it was not entered into voluntarily and it is unconscionable (unfair) and entered without adequate disclosure of assets.
Also referred to as prenuptial or ante-nuptial agreement, is a contract entered into by two parties in the anticipation of marriage, in which separate property reamains separate and establishes any post-marital financial arrangements, should the need arise. Most states require them to be in writing; the parties must possess legal capacity to enter into the contract; and it must be entered into voluntarily. Some states do not require consideration (the promise to marry) for the contract to be valid. Some states require notarization.
Retention of a benefit without providing or offering any consideration in return, in situations where a consideration is reasonably expected.
A contract made by two individuals who intend to stay unmarried indefinitely that covers financial and related matters while living together, upon separation, or upon death.
A contract imposed on the parties by a court in the interests of fairness and justice usually imposed to avoid the unjust enrichment of one party at the expense of another.
When one entity holds property for the benefit of another.
Putative Spouse Doctrine
A party may have rights based on the fact he or she reasonably believed he or she entered into a valid marriage even though there was a legal impediment which made the marriage unlawful.
A declaration by a court that a valid marriage never existed.
A declaration by a court that a marriage has been dissolved so that the parties are no longer married to each other.
A declaration by the court that parties can live separately and apart event thought they are still married to each other.
Invalid only if someone challanges it and a court declares it invalid.
Void marriage (void ab initio)
Marriag that is invalid whether or not a court declares it so. (invalid from the beginning)
Retroactive approval by agreement, conduct, or any inaction that can reasonably be construed as approval (tacit).
The right to bring a case and seek relief from a court
Wrongdoing or other inappropriate behavior that would make it unfair or inequitable to allow a person to assert a right or a defense he or she would normally have.
Acceptable reasons for seeking a particular result.
Enoch Arden defense
The presumption that a spouse is dead after being missing for a designated number of years.
Coercion; acting under the pressure of an unlawful act or threat.
Knowingly making a false statement with the intention of decieving another to the detrimental reliance on that statemen by the other party.
If a specific event had not occurred, would the results have been different?
the state where a person is domociled.
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