Divorce Law and Family Law

Most states do not have a statute requiring that marriages be recorded. The law requires the person solemnizing the marriage to deliver the license to the register or deed but this does not require action or compliance on the part of those married. [...]

A contract between consenting adults that mirrors a marriage agreement is valid provided that the agreement does not rest upon illicit meretricious consideration. The evidence clearly indicates that there were no written contracts or agreements between the parties governing their relationship. Although the parties undoubtedly expected a sexual relationship, the record shows that they contemplated much more. They contracted for a permanent sharing of and participating in one another’s lives. We find this contract enforceable. [...]

Adults who voluntarily agree to pool their earnings and hold all property acquired during the relationship as community property may do so provided the agreement does not rest upon illicit meretricious consideration. The traditional laws of community property and the enforcement of the marital contract by the courts should not stand in the way of these types of parties to prove and demonstrate an implied contract, or an express contract for a partnership or joint venture. [...]

Prenuptial agreements are not void as against public policy on the grounds that they encourage and support divorce. For a prenuptial support and maintenance agreement to be unconscionable it must leave the spouse without means of reasonable support, either because of a lack of property resources or a condition of unemployability. [...]

Prenuptial agreements are contracts such that they should be evaluated under the same criteria as are applicable to other types of contracts. A prenuptial agreement is not void if the signing party did not understand its terms or did not consult an attorney.