Family Law - Knouse

Custody Jurisdiction - UCCJEA & PKPA

*Home State* - State where child lived w/ a parent (or person acting as a parent*) for at least 6 consecutive months immediately before the proceeding was commenced. *Initial Jurisdiction* - Lies in state that was child's "home state" (1) when the proceeding was commenced or (2) w/in 6 months before the proceeding was commenced, assuming a parent* still lives in the state. If there is no "home state" or that state declined jurisdiction (e.g., b/c it was an inconvenient forum), another state with a "significant connection" may act. *Modification Jurisdiction* - Lies in state that had initial jurisdiction, until (1) that state determines it will not exercise continuing jurisdiction or (2) that state or another state determines that no one involved lives in the state with initial jurisdiction. The new state must have initial jurisdiction. *Temporary Emergency Jurisdiction* - Lies in a state where the child is present and action is necessary due to an emergency.

Child Support (Approaches)

*Income Shares (Majority Approach)* *1. Calculate Parents' Total Income* $1,000/mth (Custodial Parent) $3,000/mth (Non-Custodial Parent) $4,000/mth (Total Income) *2. Use Chart to Determine Total Support* $4,000/mth results in $500/mth support *3. Order Support in Proportion to* *Parents' Respective Shares* CP pays 25% of total support ($125/mth) Non-CP pays 75% ($375/mth) *Percentage of Obligor Income* *1. Determine Obligor's Income* $3,000/mth (Non-Custodial Parent) *2. Order Support Based on Chart* Non-Custodial Parent pays 17% of his/her total income ($510/mth)

Premarital Contracts - Enforcement

*Pre-1970s* - PMKs contemplating divorce were banned as against public policy. *Some States (1970s & 1980s)* - PMKs must be procedurally fair at execution (fair financial disclosure and voluntary entry) and substantively fair at execution (and enforcement if changed circumstances). *UPAA (1983)* - PMKs are unenforceable if either (1) involuntary (see Bonds, CA 2000) or (2) unconscionable at execution and lacking fair financial disclosure, waiver of disclosure, and adequate knowledge of finances. Also, the spouse may not become a public charge. *Simeone (PA 1990)* - PMKs must be procedurally fair (fair financial disclosure; as always, no fraud, misrepresentation, or duress).

Modification of Spousal Support

*Recipient's Circumstances Warrant Change:* *Reduction* - Most states terminate on re-marriage;* some terminate/reduce on de facto re-marriage or cohabitation; some terminate/reduce based solely on need. *Increase* - Some states increase upon illness; some extend upon need (if diligent efforts to rehabilitate failed).** *Payor's Circumstances Warrant Change:* *Reduction* - Some states reduce if decreased ability to pay is involuntary or the result of reasonable retirement. *Increase* - Many states refuse to increase based solely on increased ability to pay. * Some types (e.g., reimbursement) may not terminate on remarriage

Important Supreme Court Cases on Marriage

*Reynolds v. US (1878)* - upheld polygamy ban *Loving v. Virginia (1967)* - struck interracial marriage ban and recognized marriage as a fundamental right *Zablocki v. Redhail (1978)* - established standards for analyzing burdens on the right to marry: *regulations that "significantly interfere" with the right receive rigorous scrutiny;* "reasonable" regulations receive rational basis review. *Lawrence v. Texas (2003)* - struck same-sex sodomy ban

Defining "Property"

*Traditional Property* - All states include real and personal property *Professional Goodwill* - Most states include professional goodwill, but do not include personal goodwill *Professional Degrees & Earning Capacity* - Most states exclude degrees, but consider increased earning capacity in awarding support and/or property *Tort Awards* - Most states conduct an "analytic" approach to determine what portion is marital *Employee Benefits* - Most states include vested and unvested pensions

Spousal support basics (General Principles)

*When will it be awarded?* Most often in cases with long marriages and disparate incomes. *Note:* The court must have personal jurisdiction over *both* spouses. *If awarded, how much?* Many statutes are need-based, and consider the parties' incomes, earning abilities, marital standard of living, etc. See UMDA 308. Some states have started to develop guidelines. *If awarded, for how long?* Permanent support is rare, but may follow a very long marriage. Temporary support is more common, and may last until recipient is rehabilitated (and economically independent) or reimbursed.

Fault Based Grounds (4)

1. *Adultery* Voluntary sexual relations of married person with someone other than spouse 2. *Cruelty* Course of conduct that creates adverse effect on petitioner's physical or mental health 3. *Desertion* Cessation of marital cohabitation, with intent to desert, and without consent or justification 4. *Constructive Desertion* Conduct so intolerable it caused petitioner to leave

IVF Overview

(0) Testing & Consent Forms Blood tests, semen analysis, ultrasound, HSG, hysteroscopy, mammogram, etc. Consent to treatment; Disposition of unused embryos (1) Ovarian Stimulation Medications: PNV (oral), and possibly: OCP (oral), leuprolide acetate (injection to prevent ovulation), FSH and LH (injection to stimulate egg growth) (2) Egg Retrieval hCG (injection to cause ovulation) followed by timed retrieval of eggs using needle guided by ultrasound while patient is anesthetized (3) Fertilization and Embryo Culture; Possible Genetic Screening Fertilization: Natural vs. ICSI Embryo Culture: Embryos ideally grow to blastocyst stage (about 5 days) (4) Embryo Transfer Uterine lining is prepared with progesterone (oral); 1+ embryos are transferred (5) Pregnancy Test

Substantive Requirements (Considerations)

(1) Race - Interracial exclusions were struck by Loving. (2) Sex - Same-sex exclusions were struck by Obergefell. ---- (3) Age - Many states exclude persons under 18, but allow marriage at 16 with parental (and sometimes judicial) consent. (4) Non-Relation - All states exclude some relations, but *the degree of consanguinity permitted varies by state.* (5) Monogamy - All states *exclude* plural marriage. (6) Consent - All states require consent (no fraud, duress, or mental incompetence).

Rules for Problem - premarital contracts

(1) Rule: Under the UPAA, a party who wishes to avoid enforcement of a premarital contract must show either (a) s/he did not enter voluntarily or (b) the PMK was unconscionable when entered, and prior to entry there was no financial disclosure, no waiver of disclosure, and no adequate knowledge of the other party's finances. Also, a spousal support provision is unenforceable to the extent that it makes a party eligible for public assistance. *Voluntariness,* under Bonds, is assessed based on timing, opportunity to obtain independent counsel, relative bargaining power, financial disclosure, and understanding of the rights being waived.​ (2) Rule: Under Simeone, PMKs are basically treated like regular contracts, except that courts will consider financial disclosure.

Ohio Revised Code § 3105.01

(A) Either party had a [spouse] living at the time of the marriage from which the divorce is sought; (B) Willful absence of the adverse party for 1 year; (C) Adultery; (D) Extreme cruelty; (E) Fraudulent contract [(b/c of consanguinity)]; (F) Any gross neglect of duty; (G) Habitual drunkenness; (H) Imprisonment . . . ; *(J) On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation; (K) Incompatibility, unless denied by either party.*

Ohio § 3105.171: What is "marital property"?

(A)(3)(a) "Marital property" is (i) all real and personal property owned by either spouse, including, but not limited to, retirement benefits, that was acquired during the marriage and (iii) all income and appreciation on separate property, due to the labor, monetary, or in-kind contribution of either or both of the spouses that occurred during the marriage. (A)(6)(a) "Separate property" is (i) an inheritance by one spouse; (ii) [property or an interest in property] acquired by one spouse prior to the marriage; (iii) passive income and appreciation acquired from separate property by one spouse during the marriage; . . . (v) property . . . excluded by a valid antenuptial agreement; (vi) compensation for a spouse's personal injury, except for loss of marital earnings and compensation for expenses paid from marital assets; (vii) any gift of property . . . made after the date of the marriage to only one spouse. (b) The commingling of separate property with other property of any type does not destroy the identity of the separate property as separate property, except when the separate property is not traceable.

Ohio § 3105.171: How is the marital property divided?

(C)(1) Except as provided [in Part (E)], the division of marital property shall be *equal.* If an equal division . . . would be inequitable, the court shall [divide the marital property *equitably*, based on the factors in Part (F)]. (E)(4) If a spouse has engaged in financial misconduct, including, but not limited to, the dissipation, destruction, [or] concealment, . . . of assets, the court may compensate the offended spouse with . . . a greater award of marital property. (F) [In dividing marital property, the court shall consider:] (1) the duration of the marriage; (2) the assets and liabilities of the spouses; (3) the desirability of awarding the family home [or the right to reside there] to the spouse with custody of children of the marriage; (4) the liquidity of the property; (5) the economic desirability of retaining intact an asset or an interest in an asset; (6) the tax consequences of the property division; . . . (9) any retirement benefits . . . ; (10) any other factor that the court expressly finds to be relevant and equitable.

Custody Modification - UMDA 409

(a) No motion to modify a custody decree may be made until *two years after its date*, unless there is reason to believe the child's present environment will endanger his/her health. (b) *A court shall not modify custody unless it finds, based on facts that have arisen since the prior decree or were unknown to the court at the time of the prior decree, that a change has occurred in the circumstances of the child or custodian, and the modification is necessary to serve the BIC. * *The court shall retain the existing custodian unless: * (1) custodian agrees to modification; (2) child has been integrated into family of petitioner w/ custodian's consent; or (3) child's present environment endangers his/her health, and the harm caused by a change would be outweighed by its advantages.

Spousal support basics - UMDA 308

(a) The court may award maintenance only if it finds the spouse seeking maintenance "(1) lacks sufficient property to provide for his reasonable needs; and (2) is unable to support himself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home." (b) In determining the amount and length of the order, *the court shall not consider marital misconduct*, but shall consider all relevant factors, including: (1) the financial resources of the party seeking maintenance; (2) the time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment; (3) the marital standard of living; (4) the duration of the marriage; (5) the age and the physical and emotional condition of the spouse seeking maintenance; and (6) the ability of the spouse from whom maintenance is sought to meet his needs while meeting those of the spouse seeking maintenance.

Ohio spousal support, 3105.18(c)(1)

(a) income of the parties[;] (b) relative earning abilities[;] (c) ages and physical, mental, and emotional conditions[;] (d) retirement benefits[;] (e) duration of the marriage; (f) extent to which it would be inappropriate for a party, because that party will be custodian of a minor child of the marriage, to seek employment outside the home; (g) [marital standard of living]; (h) relative extent of education[;] (i) relative assets and liabilities . . . including but not limited to any court-ordered payments by the parties; . . . (j) contribution . . . to the education, training, or earning ability of the other party, including . . . to the acquisition of a professional degree[;] (k) time and expense necessary for the spouse who is seeking spousal support to acquire education, training, or job experience so that the spouse will be qualified to obtain appropriate employment, provided the education, training, or job experience, and employment is, in fact, sought; . . . (n) any other factor that the court expressly finds to be relevant and equitable.

Property Division - Pensions

*(1) Is it property?* Yes. *(2) If so, is it subject to division - e.g., is it marital?* Yes, with respect to the portion earned during the marriage. *(3) If so, what is its value?* Valuing a pension often requires hiring an expert. *(4) How is it divided - e.g., equitably or equally?* Most states divide pensions equitably, under one of three approaches: 1. reserved jurisdiction approach; 2. present value approach; or 3. present division approach.

Parenting Time

*Allocation and Restriction:* Under UMDA 407(a), the parent who is not granted custody of a child is entitled to *"reasonable visitation"* - unless the court finds, after a hearing, that "visitation would endanger seriously the child's physical, mental, moral, or emotional health." *Enforcement:* A parent being denied parenting time can bring a contempt action. *Modification:* The party seeking modification must show a material change in circumstances warranting the modification.*

Child Support Summary

*Basic Rules* Generally continues through age of majority, with exceptions for disability and, in a few cases, higher education. Calculated based on state-by-state guidelines, usually following income shares (majority) or POOI approach. *Modification Rules* UMDA 316(a): Child support may be modified "only upon a showing of changed circumstances so substantial and continuing as to make the terms unconscionable." Some statutes say that a change in income resulting in a 20% change in child support is presumed to be a change warranting modification. Retroactive modification is almost always prohibited.

Heartbalm Claims - Currently Abolished in Most States

*Breach of Promise to Marry* Plaintiff who can show mutual promises to marry may recover damages resembling those in a tort action *Alienation of Affection* Husband must show that defendant's wrongful conduct caused loss of consortium with validly married wife *Criminal Conversation* Plaintiff must show sexual intercourse between defendant and spouse during valid marriage

No Fault Statutes (3)

*California Family Code § 2310* Requires *"irreconcilable differences"* causing *"irremediable breakdown" *(or "incurable insanity") *Model Marriage & Divorce Act § 302* Requires *"irretrievable breakdown"* as evidenced by either 180-day separation or "serious marital discord" *Model Marriage & Divorce Act § 305* If uncontested, court shall make finding as to whether marriage is *"irretrievably broken";* if contested, court can make finding or continue and suggest counseling.

Adoption

*Effect of Adoption*​ Birth parents are not legal parents; adoptive parents are legal parents with all accompanying rights and obligations. *Freeing Children for Adoption*​ Known parents must be given notice; legal parents' rights may be involuntarily terminated or their consent may be obtained. *Revocation Requests*​ Many states allow revocation (1) for any reason within a fixed period after birth or signing of papers (e.g., 30 days) and (2) for cause within a lengthier fixed period (e.g., 90 days).

Procedural Requirements (Considerations)

*Formal Marriages* All states require that marriages be (1) licensed and (2) solemnized, but many will recognize some non-compliant marriages as valid. *Informal Marriages* Common law marriage requires: (1) present agreement to be married; (2) cohabitation; (3) treatment/holding out as married, & (4) capacity to marry. Putative spouse status requires: (1) at least 1 spouse have a good faith belief that a valid marriage occurred, but (2) marriage was actually either void or voidable.

Doctrines of non-intervention and necessaries

*General Rule* - Courts will not intervene in intact marriages, meaning spouses cannot sue each other for support to cover "necessaries" unless they've separated. *Historical Exception* - Creditors who supplied wife with "necessaries" could sue husband during marriage. *Current Exception* - Some states (1) let creditors sue either spouse *(majority position)*; (2) let creditors sue only the cost-incurring spouse; (3) require creditors to sue the cost-incurring spouse before they sue the other spouse.

2002 Uniform Parentage Act

201(b) A father-child relationship is established by: (1) unrebutted presumption under Section 204; (2) acknowledgement under Art. 3 (307-08 limit ability to rescind); (3) adjudication of paternity[.] 204(a) [Man is a presumed father if child is a marital child under (1)-(4), or:] (5) For the first two years of the child's life, man resides with the child and holds the child out as his own. 204(b) Presumption is only rebutted by adjudication under Art. 6 (607: must be rebutted w/in 2 years of birth, absent special circumstances). 402 Alleged father must register before or w/in 30 days of birth, unless he commences paternity proceeding prior to termination of rights.

Ohio - low income parents

3119.04(A) If the combined gross income of both parents is less than 6600 per year, the court or child support enforcement agency shall determine the amount of the obligor's child support obligation on a case-by-case basis using the schedule as a guideline. [It] shall review the obligor's gross income and living expenses to determine the maximum amount of child support that it reasonably can order without denying the obligor the means for self-support at a minimum subsistence level and shall order a specific amount of child support, unless the obligor proves . . . that the obligor is totally unable to pay[,] and the court or agency determines that it would be unjust or inappropriate to order the payment of child support and enters its determination and supporting findings of fact in the journal.

Ohio - high income parents

3119.04(B) If the combined gross income of both parents is greater than $150,000/year, the court . . . shall determine the amount of the obligor's child support obligation on a case-by-case basis and shall consider the needs and the standard of living of the children who are the subject of the . . . order and of the parents. The [child support obligation shall be] no less than [it] would have been . . . under the basic child support schedule . . . for a combined gross income of $150,000, unless the court . . . determines that it would be unjust or inappropriate and would not be in the best interest of the child, obligor, or obligee[.]

Ohio - interaction of support and visitation

3119.09 Denial of or interference with right of parenting time or visitation: The court shall not authorize or permit the escrowing, impoundment, or withholding of any child support payment because of a denial of or interference with a right of parenting time or visitation included as a specific provision of the child support order or as a method of enforcing the specific provisions of the child support order dealing with parenting time or visitation.

Non-Marital Children ("NMC"): Inheritance & Support Rights

At Common Law: Non-marital children were "filius nullius" and had no support or inheritance rights Levy v. Louisiana (1968) Struck law barring NMC (but not MC) from recovering for mother's wrongful death Gomez v. Perez (1973) Struck law barring NMC (but not MC) from accessing paternal support Trimble v. Gordon (1977) Struck law allowing inheritance by only those NMC whose intestate fathers had (1) acknowledged them and (2) married their mothers Lalli v. Lalli (1978) Upheld law allowing inheritance by only those NMC who had obtained an order of filiation before their intestate father's death

History - Child Custody Standards

Early English Law Presumption in Favor of Father 1830s-1970s Presumption in Favor of Mother ("*Tender Years*") 1980s-Present States abolished sex-based presumptions as violating equal protection; some states briefly adopted *"primary caretaker"* presumptions *All states now have "best interests of the child" standard*

(3) Is Husband entitled to alimony? (Law)

Generally, alimony is only awarded following long marriages (e.g., 10+ years) where the spouses have disparate incomes. Some states, including those that follow the UMDA, award alimony only where one spouse cannot provide for his or her needs (due to, e.g., an inability to work or responsibility for a child whose situation makes outside work inappropriate). In setting the amount, courts consider factors such as the parties' needs (income and earning ability) and the marital standard of living. Some states consider marital misconduct, but the overall trend is away from this consideration. In setting the length, courts rarely make permanent awards, and more often continue payments for as long as necessary to rehabilitate the recipient (to become self-supporting) or to reimburse the recipient.

Non-Marital Cohabitation

Hewitt v. Hewitt (IL 1979) All claims arising out of cohabitation are barred by public policy. Soderholm v. Kosty (NY 1998) Takes a position between Hewitt and Marvin, such that it might recognize an express K, but would not recognize an implied K. *Marvin v. Marvin (CA 1976) - FOLLOWED BY A MAJORITY OF STATES* Express contracts are enforceable, unless they explicitly rest on sexual services; Implied contracts are enforceable, if they're supported by the parties' conduct; Equitable remedies may also exist. *Connell v. Francisco (WA 1995)* If there's a "committed intimate relationship," the court can divide property that, in a marriage, would've been CP.

Premarital Contracts - Content

In UPAA states, parties may contract with respect to:​ *Property division (parties have broad discretion);​* *Spousal support (modification/elimination, so long as the provision doesn't render the spouse a public charge);​* Making of arrangements to carry out the agreement, or ownership of death benefits from life insurance;​ Choice of law governing construction of the agreement;​ *Any other matter not in violation of public policy or criminal law, and not adversely affecting child support.*

Ohio - calculating child support

In any action in which a court . . . determines the amount of child support that will be ordered to be paid pursuant to a child support order[, the court] shall calculate the amount of the obligor's child support obligation in accordance with the basic child support schedule, the applicable worksheet, and the other provisions of sections 3119.02 to 3119.24 of the Revised Code. The court . . . shall specify the support obligation as a monthly amount due and shall order the support obligation to be paid in periodic increments as it determines to be in the best interest of the children. [The court] is not required to accept any calculations in a worksheet prepared by any party to the action[.]

Ohio - Best Interests, 3109.04(F)(1)

In determining the best interest of a child[,] the court shall consider all relevant factors, including, but not limited to: [The MMDA factors]; the parent more likely to honor . . . court-approved parenting time[;] whether either parent has failed to make all child support payments[;] whether either parent or any member of the household of either parent . . . has been convicted of or pleaded guilty to . . . any act that resulted in [child abuse or neglect, or any sexual or physically harmful] offense involving a victim who . . . was a member of the family or household [at issue;] and whether there is reason to believe that either parent has [caused child abuse or neglect;] etc.

*Place of Celebration Rule for Marriages:* A marriage validly contracted in one state is generally given full faith and credit by other states, unless it is violates the strong public policy of the state with the "most significant relationship to the spouses and the marriage at the time of the marriage." *Doctrine of Divisible Divorce:* "Domicile" jurisdiction over one party is sufficient to grant a divorce, but personal jurisdiction over both parties is required to adjudicate the financial incidents; special rules apply for custody and child support.

Interstate Recognition of Marriage and Divorces

Race - Palmore v. Sidoti (1984)

Linda and Anthony, both white, divorced in 1980. Linda was awarded custody of their 3-year-old daughter. However, when Linda began a relationship with, and then married, Clarence (a black man), Anthony petitioned for a change in custody. The lower court gave Anthony custody, based on its concern that the daughter would experience social stigma flowing from her mother's inter-racial relationship. *The Supreme Court held that while "[t]he Constitution cannot control [private] prejudices, neither can it tolerate them." It reversed the custody award.*

(2) What assets are divisible at divorce? (Law)

Most states distinguish between marital and separate property and divide marital property equitably (sometimes starting from a presumption that equal is equitable). *Marital property is generally defined as property acquired during marriage through the efforts of either spouse. Gifts and inheritances, thus, are separate. However, if separate property increases in value during the marriage due to the efforts of either spouse, the increased value can be marital property. Also, if separate property is treated so as to evidence an intent that it be marital, it can be transmuted into marital property.* Ultimately, marital property will be divided equitably based on factors such as the duration of the marriage and the parties' needs and contributions. While states are moving away from considering marital misconduct (see UMDA), financial misconduct is always considered.

Property Division

Overview of Analysis: (1) Is it property? (2) If so, is it subject to division - e.g., is it marital? (3) If so, what is its value? (4) How is it divided - e.g., equitably or equally?

Non-Marital Children ("NMC"): Unwed Fathers' Rights

Stanley v. Illinois (1972) Biological and social father had rights against state. Quilloin v. Walcott (1978) & Lehr v. Robertson (1983) Biological but not social father had no rights against mother's new husband, who wanted to adopt. Caban v. Mohammed (1979) Biological and social father had rights against mother's new husband, who wanted to adopt. Michael H. v. Gerald D. (1989) Biological and social father had no rights against social father who was married to mother at child's birth. (*Plurality Opinion)

Best Interests Inquiry

The inquiry often includes consideration of: 1. The wishes of the child and parents; 2. the child's relationships and adjustment; 3. and the mental and physical health of all involved (MMDA 402); 4. Parents' past caretaking, domestic violence, and willingness to encourage a good relationship between the child and the other parent. *Yet the inquiry is limited regarding consideration of:* Conduct that does not affect the child (MMDA 402); gender; race (Palmore); religion.

Entering Marriage (Requirements)

There are both substantive and procedural requirements that must be met in order to enter into a valid marriage. *Substantive Requirements* (1) Same Race (Loving)* (2) Opposite Sex (Obergefell)* *(3) Age* *(4) Non-Relation* *(5) Monogamy* *(6) Consent* *Same race and opposite sex requirements are no longer valid. *Procedural Requirements* (1) Formal Marriages Licensure Solemnization (2) Informal Marriages

Maynard v. Hill (1888)

Title to land turned on the validity of a legislative divorce. SCOTUS held the legislative divorce was valid and did not violate the Contracts Clause, which provides that "no state shall pass any law impairing the obligation of contracts." *Marriage is "more than a mere contract," the terms of which are fixed by the parties. It is also a "status," the terms of which are fixed by the government.*

De Facto Parents

To establish standing as a de facto parent, petitioner must show: 1. Legal parent fostered a parental relationship; 2. Petitioner and child lived together; 3. Petitioner has assumed responsibility for child without expectation of financial compensation; 4. Petitioner has had role long enough to develop parent-child bond. Also, petitioner must have "fully and completely undertaken a permanent, unequivocal, committed, and responsible parental role in the child's life." See, e.g., In re Parentage of L.B. (WA 2005)

Spousal support modification

UMDA 316(a): Maintenance can be modified *"only upon a showing of changed circumstances so substantial and continuing as to make the terms unconscionable."* *Note*: Generally, changes must not have been anticipated at - and must have occurred since - the initial support award or most recent modification. UMDA 316(b): "Unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future maintenance is terminated upon the death of either party or the remarriage of the party receiving maintenance."

(1) Is the premarital agreement enforceable? (Law)

Under the UPAA, parties have broad discretion to alter the default divorce-statute standards for property division and spousal support, except that the modification or elimination of spousal support may not render the party challenging the agreement eligible for public assistance. Parties also may not contract to any terms that violate public policy or criminal law. The agreement will be enforced unless the party challenging it can prove it was either (1) involuntary or (2) unconscionable at execution and lacking fair financial disclosure, waiver of disclosure, and adequate knowledge of finances. *While the UPAA doesn't define what it means to have entered involuntarily, courts often consider the following factors: timing (proximity to wedding), opportunity to obtain independent counsel, relative bargaining power, and understanding of the rights being waived.*