MV

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

Chapter One: Marriage and Cohabitation

  • Relationship between Individuals and the State

    • Individuals: Relationship shaped by love, commitment, faithfulness, and ability to have families.
    • State: The state cares about marriage because it believes it helps create a more stable social unit and supports family formation.
    • The State determines: Eligibility, Rights, Entitlements, Obligations to one another, and Responsibilities toward one another within marriage.

  • Before Legal Reform: Common law coverture

    • Married women had few rights; a wife’s identity was absorbed into her husband’s.
    • Consequences: A wife could not own property, control wages, enter contracts, or sue or be sued independently.

  • Personal Property

    • Definition: Movable items owned by a person.
    • Examples: Furniture, jewelry, vehicles, clothing.
    • Texas reference: 42.002 lists exemptions from personal property rules.

  • Real Property

    • Definition: Land and anything permanently attached to it.
    • Examples: House, barn, mineral rights, commercial buildings.
    • Texas reference: Texas Property Code Title 2 defines interests in real property.

  • Community Property

    • Definition: Property acquired during marriage that is joint ownership.
    • Examples: Salary earned by either spouse, home purchases.
    • Texas reference: Texas Family Code 3.002 defines community property.

  • Married Women’s Property Acts

    • Key aspects: Women have full control over their property with powers to contract; right to their own wages; recognition of a wife’s joint right to the earnings; equal guardianship of their children.

  • Legal Equality in Family Law

    • Due Process Clause protects against fundamental family interference.
    • Equal Protection Clause guarantees equal treatment regardless of race, gender, sexual orientation, etc.
    • Case law:
    • Loving v. Virginia (1967): Struck down laws banning interracial marriage as unconstitutional under Equal Protection and Due Process.
    • Obergefell v. Hodges (2015): Recognized same-sex couples’ rights to marriage under Equal Protection and Due Process.

  • Marriage Restrictions

    • Incest: Unlawful sexual relations between close relatives.
    • Example: John marries his sister’s adult daughter (illustrative).
    • Texas reference: 25.02 prohibits related sexual conduct (Texas Penal Code).
    • Bigamy: Being married to more than one person simultaneously.
    • Example: John is still married to Maria but marries Lisa.
    • Texas reference: 25.01 criminalizes bigamy (Texas Penal Code).

  • Age of Capacity and Age of Consent

    • In Texas, these are distinct concepts and context-specific (contracts, marriage, sexual conduct).
    • Age of capacity to marry: Minors under 18 cannot marry unless emancipated by a court order (contextual note from 2017 changes).
    • Age of consent: 17 years old for sexual activity.
    • Texas references: 22.011 (Texas Penal Code) and Texas Family Law related to marriage age.

  • How to Get a Marriage License in Cameron County, TX

    • Step 1: Bring valid photo ID (driver’s license, passport).
    • Step 2: Fill out application and pay fee.
    • Step 3: Waiting period: 72-hour waiting period before ceremony; can be waived for military or premarital circumstances.
    • Step 4: Get married within 90 days; ceremony must occur within 90 days of application; officiant signs license and returns it to the County Clerk.
    • Step 5: Receive certified copy; after recorded, county mails the license.

  • Common Law Marriage

    • Definition: A marriage recognized without a formal ceremony.
    • Core elements (Texas):
    • Agreement to be married (inferred from conduct).
    • Cohabitation (no minimum time required).
    • Holding out as married (public actions/statements).
    • Texas reference: Texas Family Code 2.401 defines informal marriages.

  • Summary (Chapter One)

    • Personal vs. Real Property: Movable vs. land.
    • Community Property: Shared ownership during marriage.
    • Incest and Bigamy: Illegal relationships and marriages.
    • Age-related capacity vs. consent: Distinct concepts with specific statutory references.
    • Common Law Marriage: Conjunctive elements of agreement, cohabitation, and holding out.

Chapter Two: Premarital and Postmarital Agreements

  • Premarital Agreement (Prenup)

    • Definition: Agreement made BEFORE marriage.
    • What it covers: Property, spousal support, and child custody/child support.
    • Example: Spouse A keeps a family business separate from marital property.
    • Discussion prompt: Should couples always have a prenup? Why or why not?

  • Key Reasons to Consider a Premarital Agreement

    • Protecting Assets: Pre-marital property, such as real estate, investments, or family business.
    • Clarifying Financial Roles: How finances, joint accounts, debt management, and household expenses will be handled.
    • Addressing Debt: Protecting one party from the other’s pre-existing or future debt.
    • Protecting Heirs: Ensuring assets for children from a prior relationship.
    • Defining Spousal Support: Setting terms for alimony to avoid protracted disputes.
    • Avoiding Future Disputes: Clear property division plans to reduce conflict and legal fees.

  • Postmarital Agreement

    • Definition: Agreement made AFTER marriage.
    • Similar to prenup but created during marriage; can divide property, debts, or clarify finances.
    • Discussion: Why might spouses decide to create a postnup?

  • Cont. Postmarital Agreement

    • Timing: Often used when a couple did not anticipate later changes (e.g., business ventures, inheritance, new children).
    • Changing Circumstances: Reclassify assets, adjust financial roles beyond initial expectations.
    • Estate Planning: Clarifies rights for children from prior relationships and continuation of support.
    • Addressing Debt: Protects the non-borrowing spouse from significant debt borne by the other.

  • Void as Against Public Policy

    • Some terms may be void if contrary to public policy.

  • Consideration

    • The contract must be supported by consideration (something of value).

  • Legal Requirements

    • There must be an offer and acceptance.
    • The contract must be supported by consideration.
    • The parties must have the capacity to enter into the agreement.
    • The subject matter of the agreement must be lawful.

  • Statute of Frauds

    • Prenuptial and postnuptial agreements must be in writing.

  • Freedom of Contract

    • Parties have the right to contract, but limitations exist to protect fairness and public policy.

  • Unconscionability

    • Procedural fairness and substantive fairness are both evaluated.

  • Procedural Fairness

    • Focus: Process of making the agreement (honesty, disclosure, legal representation).
    • Examples: Hidden assets or rushed signing can render a prenup unenforceable.
    • Discussion prompt: If one spouse hides money, should the prenup automatically be invalid? (Answer: Likely not automatically void, but may affect enforceability and fairness.)

  • Cont. Procedural Fairness

    • A spouse hiding money is a violation of fairness; discovery of hidden assets can lead to invalidation of the agreement.

  • Substantive Fairness

    • Focus: The actual terms; are they too lopsided or oppressive?
    • Discussion prompt: Should the court rewrite unfair terms or void the entire agreement?

  • Cont. Substantive Fairness

    • Texas approach: Courts generally do not rewrite terms to make them fair.
    • If the agreement is unconscionable or lacks full and fair disclosure, the court may invalidate the entire agreement.

  • Second Glance Doctrine

    • Texas courts may review premarital/postmarital agreements during divorce to ensure they were entered into without coercion and with full disclosure.

  • Key Takeaways

    • Prenups = before marriage; postnups = after marriage.
    • Agreements must be in writing (Statute of Frauds).
    • Freedom of contract exists but is limited to protect fairness and public policy.
    • Courts review for fairness and may apply the Second Glance Doctrine.

  • Class Activity (Overview)

    • In pairs, create a sample prenup or postnup.
    • Identify consideration, fairness, and potential problems.
    • Decide if it would likely be enforceable in Texas.

Chapter Three: Domestic Violence

  • Domestic Violence: Definition

    • A pattern of abusive behavior—physical, sexual, economic, or emotional—used to gain power and control over an intimate partner.

  • Abuse Prevention Laws

    • Laws enabling domestic violence victims to obtain protections; protective orders are civil court orders enforceable by law enforcement.

  • Key Questions Explored

    • What relationships qualify for protective orders?
    • What harms entitle a victim to protection?
    • What types of protections are available?
    • What is the process for obtaining orders and how are they enforced?

  • Qualifying Relationships

    • Typically protects those abused by a current or former spouse, dating partner, or cohabiting partner.
    • Some states extend to other relationships and family members.
    • Some states have removed the requirement of cohabitation or a shared child for certain remedies.
    • Some states expand to include intimate partners and certain family relationships; dating relationships may be included.

  • Types of Protection

    • Protective orders and related remedies extend to spouses, former spouses, cohabiting partners, and sometimes other family members or dating partners.
    • Harassment orders may be available even without a specific relationship.

  • Covered Conduct for Protective Orders

    • Harm or threatened harm; emotional/verbal abuse; harassment or interference with liberty; stalking; sexual assault where included in statute.

  • Torts and Civil Remedies

    • Some states allow civil lawsuits (torts) for damages beyond protective orders.
    • Possible torts include assault, battery, false imprisonment, and intentional infliction of emotional distress; some states recognize domestic violence as a distinct tort.

  • Available Remedies

    • Restraining orders.
    • Vacate and stay-away orders.
    • No-contact orders.
    • Electronic monitoring.
    • Geographic or jurisdictional exclusion zones.

  • Custody and Visitation

    • Protective orders can affect temporary custody and visitation arrangements; safety considerations for both victim and children.

  • Other Protections

    • Protection of pets; orders to stay away from victims’ homes and properties.
    • Support and compensation for moving costs and other financial losses; treatment and counseling orders for abusers.

  • Relinquishment of Firearms

    • Firearm presence increases danger; protective orders may include firearm restrictions.
    • Federal law and state law may govern firearm provisions; federal law requires certain actions regarding firearms when restraining orders apply to qualifying individuals.

  • Additional Considerations

    • Federal laws have gaps (e.g., dating partners without cohabitation or shared children);
    • States have enacted laws to address gaps; Texas provides remedies via Protective Orders, Stalking Laws, and Firearm Prohibitions.

  • Statutory Obligations of Police

    • Police have duties to enforce protective orders and respond to domestic violence incidents as per statute.

  • Court Procedure

    • The court process for obtaining protective orders is designed to respond quickly to urgent risk; can involve ex parte orders and rapid hearings.

  • How to Obtain a Protective Order in Texas

    • Filing location: In the county where violence occurred.
    • Eligibility: Demonstrate that family violence has occurred (spouses, dating partners, family members, cohabitants, etc.).
    • Temporary (Ex Parte) Order: The judge can issue an immediate, short-term order (usually up to 20 days) with possible extension.
    • Court Hearing: A hearing within about two weeks to present evidence; if granted, protection may last beyond temporary orders.
    • Enforcement: Protective orders are entered into law enforcement databases; violations lead to criminal charges.

  • Temporary Orders

    • Purpose: To provide immediate protection while the case is pending; can be issued without notice in emergencies.
    • Emergency and After-Hours Orders: Issued by an on-call judge or magistrate when courts are closed.
    • Duration: These orders are temporary and typically superseded by a final judgment.

  • Service and Second Hearing

    • Respondent must be served with notice; service is usually via police or sheriff.
    • A second hearing is held to determine whether to extend or modify the order.
    • Both parties present evidence; judge decides on continuation or modification; extensions possible.

  • Stalking and Cyberstalking

    • Stalking: A course of conduct directed at a person to cause fear for safety or suffer substantial emotional distress.
    • Cyberstalking: Using electronic means to stalk, harass, or threaten; includes excessive communications, false postings, hacking, GPS tracking, or incitement of others to harass.

  • The Federal Response to Domestic Violence: VAWA

    • Violence Against Women Act (VAWA) established in 1994 to combat intimate partner violence.
    • Purpose: Funding for police training, legal services, and related protections; reauthorized about every 5 years with expansions and updates.
    • Political challenges include gun law debates and balancing rights with protections.

  • VAWA – Legal Protections & Targeted Support

    • Targeted funding for high-risk groups; federal crimes include cross-state (interstate) offenses such as crossing state lines to stalk or commit cyberstalking.
    • Interstate protection: States must honor protective orders issued in other jurisdictions.
    • Immigrant safeguards: Protections for victims who are immigrants; helps with deportation fears or dependency concerns.

  • Summary

    • Domestic violence law integrates civil protections, criminal enforcement, and federal support mechanisms to address risk, safety, and accountability.

Title and context

  • The notes above summarize the major and minor points, definitions, examples, and legal references across Chapters One through Three as presented in the transcript.
  • Key statutes and references mentioned include: 42.002, 3.002, 25.02, 25.01, 22.011, 2.401, and general references to the Texas Penal Code, Texas Property Code, Texas Family Code, and federal VAWA protections.
  • If you want, I can restructure this into a printable PDF or condensed cheat sheet with page-number mappings to the transcript for quicker exam review.