FAMILY LAW

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FAMILY LAW
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Antenuptial (Prenuptial) Agreements

• Purpose To provide for disposition of property
  (including) debts in case an anticipated marriage
  ends with divorce or dissolution
• General Must have K elements
• Montana allowed by statute

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Enforceability of Prenuptials

• mutual consent based on full disclosure
  enforceable
• overreaching, unconscionability, hidden assets or
  debts, or fraud unenforceable

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Marriage Requirements

• Capacity and consent
• License Requirements
• Solemnization
• Note Common Law marriages and additionally in
  Montana Declaration of Marriage

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Common Law Marriages

• Each States Law will govern
• Key in Mt is if parties held themselves out as
  married
• Other indications joint cohabitation joint tax
  returns

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Annulments

• A judicial declaration that marriage never
  existed (court can still divide prop and award
  custody etc.)
• Grounds (MT)
• lack of consent (incapacity)
• physical incapacity
• underage
• illegal

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Marriage Relationship

• MT Mutual obligation of respect, fidelity, and
  support - generally not liable for debts of
  spouse unless for necessaries - Court may still
  apportion in divorce
• Interspousal tort immunity
• Criminal conversation and alienation of affection
• Spousal privilege

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Ending a Marriage

• Jurisdiction - State courts rules
• Grounds Historic - adultery, substance abuse,
  cruelty, abandonment, and/or insanity. Mt - No
  Fault ie irretrievable breakdown of marriage
  without blaming one party
• Issues division of assets and debts (Continued)

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• Issues (cont) maintenance (alimony), custody and
  child support, visitation
• Procedure Petition filed in district crt with
  requested relief service on other side
  discovery pretrial motions judge trial. Often
  parties will enter into settlement agreement
  which court must approve
• Decree of dissolution vs Separation

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Property Division

• Community Property states each party entitled to
  half
• MT court will equitably divide assets and debts
  considering relevant factors

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Custody Issues

• Best interests of child is key in custody and
  visitation
• MT calls parenting plan providing for custody,
  visitation, and support. Support generally
  determined by guidelines

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Maintenance (alimony)

• After considering property division, crt may
  award maintenance

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Temporary Orders

• While litigation pending parties may apply for
  temporary orders

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Newer Developments

• Marvin v Marvin
• Payroll deductions of support