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.