PA Family Law

A conditional gift is made in consideration (or contemplation) of marriage when it is given by the donor indicating that the gift if subject to a conditoin subsequent

• Three Reqs.
• 1. Intent to transfer gift (was there a string attached)
• 2. Delivery
• 3. acceptance

• *Prenups are presumed valid in Pa (BOP on challenging party by CAC)
• *2 reqs:
• 1. voluntary
• 2. adequate financial disclosure to more vulnerable party
• *substantive FAIRNESS not analyzed if these 2 factors are satisfied

*Must be entered into freely by competent persons (knowledge of all rights not needed)

• *More likely to be inforced if disadvantaged party seeks counsel (but not a determining factor)
• Goal of prenup: to trump default marriage/ property rules

*Consideration: mutual promise to marry and waiver of rights

*DEFENSES: fraud, misrep and duress

*Full & Fair disclosure: of financial circumstances of both parties in order to make a valid agreement:

1. all financial circs that materially bear on matter

2. rebuttable presumption of fairness if a clause in the K stating that there's been disclosure & parties waive any further inquiries

• * To assert lack of disclosure, challenging party must demonstrate:
• 1. not provided full and fair disclosure

2. disclosure wasn't waived

3. didn't have adequate knowledge of other's finances

• * Fundamental right, but states can reasonably regulate:
• 1. Nonage: under 18, no marriage w/out parental consent (under 16, courts must consent)

2. Consanguinity: marriage license not issued to blood relatives (parties related by marriage can marry)

3. Incapacity: need ability to form true consent (must understand std nature of marriage k- easy std)

3. Same sex: Not allowed in Pa, marriage defined as man and woman

4. Prior marriage still in force: marriage is void if a person has a living spouse

• *If there's an impediment to a marriage @ the time the marriage cermony, and impediment is removed, marriage can be validated later as long as:
• 1. impediment is removed & marriage continued w/ good belief

2. parties continue to live w/ each other as h/w

1. Marriage license

• 2. Solemnization (ceremony- vows to demonstrate intent to be married)
• -performed by justice of peace/ religious figure
• 3. Pa also recognizes "Self-Soleminizing" if obtained in advanced written authorization from crt and 2nd spouse (needs 2 other W's to affirm ceremony)

• 4. Proxy marriage: usually w/ military (an agent is requested to take place of person who cannot be physically present)

*Started in Jan 1, 2005: after this date, no more creation (but existing CL reconized)

*Pa will recognize CLMs created validly elsewhere

• *Reqs:
• 1. express intent (hard std- explicit expression to be presently married)

2. cohabitation (living together in a sexual relationship)

• 3. holding out (publically rep to be h/w)
• -look for: jt tax rtrns, bank accounts, title to docs

4. legal capacity (age, currently married, close blood)

*default is not married (BOP on person claiming CL)

• 1. formal legal title on prop will control if separated (can be overcome)
• *Person challenging formal title can claim:
• 1. express ks that couple was co-owner (can be oral)

2. implied-in-fact (look @ behavior of parties, must be agmt)

3. unjust-enrichment

• *So argue:
• 1. unjust for unnamed title holder to be left w/ nothing

2. conversation

3. joint contribution

Any marriage that satisfies the reqs of the state unles violated strong public policy

*declaration that marriage never happend

1 Void (from inception): marriages prohibited on grounds of bigamy, consanguinity, lack of consent and homo are void (public policy)

• 2. Voidable: presumptively valid unless/until challenged (annulment obtained), grounds:
• a. nonage
• b. intoxication
• c. incurable impotence (unless known before marriage)
• d. fraud, duress, coercion (fraud must go to essense of marriage i.e ability to have sex or children)

Spouse w/ title is legal owner of prop

*spouses may have JT

In Pa, any married person is obligated to support their spouse to the degree that they can do so

• *Necessaries Doctine: scope of duty covers only necessessaries (creditors must go after purchaser 1st, then if spouse doesn't pay, then go after non-debtor spouse), includes:
• 1. medical
• 2. housing
• 3. food
• 4. other living expenses
• *based on std living and ability to pay

*covers family members and sexual partners

• *Type of acts that trigger Abuse Act in Pa:
• 1. intentional causing bodily injury or sexual offense
• 2. causing another reasonable fear of imminent SBH (single act)
• 3. false imprisonment

4. physical/sexual abuse of a child

5. course of conduct that makes a R fear of bodily injury (serise of act)

• *Relief available: [last up to 3yrs]-(can be extended if more acts)
• 1. order to stop violence
• 2. stay away order
• 3. temp custody rights
• 4. temp economical right