Family Law Flashcards

Under California's Uniform Premarital Agreement Act (Family Code § 1600 et seq.), which provision in a premarital agreement is NOT enforceable?

Answer: A provision that adversely affects a child's right to support

Under Family Code § 1612(b), a premarital agreement cannot adversely affect a child's right to support because children are not parties to the agreement.

For a premarital agreement to be enforceable in California, the party challenging it must show it was the product of:

Answer: Involuntariness or lack of full and fair disclosure of the other party's property

Under Family Code § 1615, a premarital agreement is unenforceable if the challenging party proves it was not entered voluntarily or there was no adequate disclosure of assets and obligations.

Under California's marital presumption (Family Code § 7540), a child born during a valid marriage is presumed to be the child of:

Answer: The husband, even if another man is identified as the biological father

The marital presumption conclusively presumes the husband is the father of a child born during a valid marriage, subject to limited rebuttal.

Under Family Code § 7541, a person seeking to rebut the marital presumption of paternity through blood or DNA testing must generally bring the action:

Answer: Within 2 years of the child's birth

Under § 7541, the action to rebut the marital presumption via blood testing must generally be brought within 2 years of the child's birth.

A stepparent wishes to adopt a child whose non-custodial biological parent has had no contact and paid no support for over a year. Under California law, the court may terminate the absent parent's rights:

Answer: If the biological parent willfully failed to communicate with and support the child for 1 year

Under Family Code § 7822, parental rights may be terminated without consent if a parent willfully failed to communicate with and support the child for at least 1 year.

California registered domestic partners have rights under state law that are:

Answer: Identical to the rights and responsibilities of married spouses under California law

Under Family Code § 297.5, registered domestic partners have the same state-law rights, protections, benefits, and obligations as spouses.

Under California law, the 'date of separation' is legally significant because it:

Answer: Marks the date after which each spouse's earnings and new acquisitions are separate property

The date of separation ends community property accumulation; income earned and property acquired by either spouse after that date is their separate property.