Chapter One to Three: Marriage, Premarital/Postmarital Agreements, Domestic Violence

Vocabulary flashcards covering core terms from the lecture notes on marriage law, premarital/postmarital agreements, and domestic violence.

Coverture

A historical common-law doctrine where a wife's legal identity is absorbed into her husband, limiting property rights, wages, contracts, and ability to sue independently.

Personal Property

Movable items owned by a person (e.g., furniture, jewelry, vehicles, clothing).

Real Property

Land and anything permanently attached to it (e.g., houses, barns, mineral rights, buildings).

Community Property

Property acquired during marriage that is jointly owned by both spouses (e.g., salaries, homes purchased during marriage).

Married Women's Property Acts

Laws granting married women control over property, the right to their own wages, joint earnings, and equal guardianship of children.

Due Process Clause

Constitutional protection ensuring fair legal proceedings and limiting government interference in family matters.

Equal Protection Clause

Constitutional protection ensuring laws apply equally to all people, prohibiting unjust discrimination.

Loving v. Virginia (1967)

Supreme Court ruling striking down bans on interracial marriage as unconstitutional under Equal Protection and Due Process.

Obergefell v. Hodges (2015)

Supreme Court ruling recognizing same-sex marriage nationwide under the Constitution.

Incest

Unlawful sexual relations between close relatives.

Bigamy

Marrying one person while still legally married to another; criminalized by Texas Penal Code.

Age of Capacity to Marry

Legal ability to marry; in Texas, minors under 18 generally require emancipation or court order to marry.

Age of Consent

Legal age for sexual activity; in Texas, typically 17 years old or older.

Common Law Marriage

Marriage recognized without a ceremony if there is agreement to marry, cohabitation, and holding out as married.

Premarital Agreement (Prenup)

Contract made before marriage that covers property, spousal support, and child custody/support.

Postmarital Agreement (Postnup)

Agreement made after marriage to divide property/debts or clarify finances.

Consideration

Something of value exchanged to form a contract; in prenups, mutual promises or value exchanged.

Statute of Frauds

Legal rule requiring certain contracts, including premarital agreements, to be in writing to be enforceable.

Freedom of Contract

Policy that individuals may enter agreements freely, within limits of fairness and public policy.

Unconscionability

Terms that are grossly unfair or oppressive, assessed for procedural and/or substantive fairness.

Procedural Fairness

Fairness of the contract formation process, including disclosure and legal representation.

Second Glance Doctrine

Texas practice of reviewing premarital/postmarital agreements at divorce to ensure lack of coercion and full disclosure.

Void as Against Public Policy

An agreement or term that is unenforceable because it conflicts with public policy or legality.

Domestic Violence

Pattern of abusive behavior by one partner to gain power and control, including physical, emotional, and economic abuse.

Protective Orders

Civil court orders enabling victims to obtain protection; may include restraining, no-contact, and stay-away provisions.

Temporary Ex Parte Order

Immediate short-term protective order issued without the respondent's presence.

Temporary Orders

Court orders issued during DV proceedings; may be extended and are superseded by final judgment.

Stalking

Course of conduct directed at a person to cause fear for safety; includes following, unwanted contact, or threats.

Cyberstalking

Using electronic means or the internet to stalk, threaten, or harass someone.

Violence Against Women Act (VAWA)

Federal law (1994) funding and protections for victims of intimate partner violence, with cross-state and immigrant protections.

Interstate Protection

States must honor protective orders across state lines.

Relinquishment of Firearms

Provisions in protective orders requiring abusers to surrender firearms to reduce risk.

Qualifying Relationships (DV protective orders)

Relationships that typically qualify for protective orders, such as spouses, former spouses, cohabitants, and dating partners.

Harassment Orders

Civil orders protecting individuals from harassment or interference with liberty.