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FAM5 topicsFully tested from July 2028

NextGen Bar Exam Family Law.

Marriage, dissolution, custody, and parentage — full subject from July 2028; provided-law practice until then.

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All 5 topics in Family Law

Scope-aligned

★ marks the 4 topics NCBE flags at memorize level — know these cold; the rest lean on provided materials and reasoning.

  1. 01

    Marriage★

    The requirements for a valid marriage, informal and common-law marriage, premarital agreements, and the rights and obligations that arise from marriage.

    Free
  2. 02

    Dissolution, Property & Support★

    Divorce, annulment, and legal separation; the classification and equitable distribution of marital property; and spousal support (alimony), including its modification and termination.

  3. 03

    Custody & Parenting★

    Child custody and parenting arrangements under the best-interests-of-the-child standard, visitation, modification and enforcement of orders, and interstate custody jurisdiction.

  4. 04

    Parentage★

    The establishment of legal parentage, presumptions of parentage and paternity, child support obligations and their calculation, and issues arising from assisted reproduction.

  5. 05

    TPR, Guardianship & Adoption

    Termination of parental rights, guardianship, and adoption — shown under provided-law practice until Family Law becomes a full foundational subject in July 2028.

Fully tested from July 2028 — provided resources until then

Through February 2028, Family Law appears on every NextGen exam only in skills questions where the legal resources are supplied — you apply the provided law rather than reciting it from memory. From July 2028 it becomes a fully examined doctrinal subject with its own published scope.

Studying for 2026 or 2027? Learn the frameworks from the notes and practice applying provided materials. How provided-resource questions work →

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4 sample FAM questions

Real questions from the Family Law bank, with the full explanation. The paid bank covers all 5 topics and difficulty levels.

A man and a woman obtained a valid marriage license and exchanged vows at a small ceremony before a friend they both reasonably believed was authorized to officiate. They celebrated with family, moved in together, filed joint tax returns, and lived as a married couple for eight years. It then emerged that the friend’s online ordination had quietly lapsed two months before the wedding, so he technically lacked authority to solemnize marriages. When the couple separated and the woman petitioned to divide their property, the man argued that no valid marriage had ever existed because the officiant lacked authority.

Is the man’s argument that no valid marriage existed likely to succeed?

  1. No, because a good-faith ceremonial marriage is valid despite a defect in the officiant's authority. Correct
  2. Yes, because solemnization by an authorized officiant is an absolute prerequisite to a valid marriage.
  3. Yes, because the couple never cured the defect by holding a second, proper ceremony.
  4. No, because the couple's long cohabitation converted the union into a common-law marriage.
Why: The license and solemnization steps are genuine requirements, but most states treat a good-faith ceremonial marriage as valid even when a technical detail fails; many have curative statutes providing that a marriage solemnized in apparent good faith is not void merely because the officiant lacked authority. The couple got a license, went through a ceremony believing it valid, and lived as spouses, so A is correct. B overstates the rule — solemnization matters, but a bare defect in the officiant's authority does not undo a good-faith marriage. C invents a 'second ceremony' cure that no law requires; once good faith is shown, there is nothing to cure. D misapplies common-law marriage, which needs present agreement, cohabitation, and holding out, and exists in only a minority of states — none of which these facts establish.

A man and a woman decided to marry but never applied for or obtained a marriage license, and they never held any ceremony or exchanged vows before an officiant. They simply began telling friends they were 'married,' moved into a shared home, and merged their bank accounts and finances. Their state does not authorize the formation of common-law marriages. About two years later, the man was hospitalized after a serious accident and could not communicate his wishes. The woman asked to make his medical decisions as his spouse, but a relative disputed that she was married to him.

Is the woman the man’s spouse?

  1. Yes, because they held themselves out to the community as a married couple.
  2. Yes, because merging their finances and sharing a home satisfies the marriage requirements.
  3. No, because a valid marriage requires a written agreement signed by both parties.
  4. No, because they neither obtained a license nor were married in any ceremony. Correct
Why: A ceremonial marriage requires a license and solemnization — a ceremony before an authorized officiant — and this couple did neither; because their state does not recognize common-law marriage, there is nothing to cure and no marriage exists, so D is correct. A and B describe conduct (holding out, sharing finances) that matters only to common-law marriage, which this state does not allow; standing alone in a non-recognizing state, that conduct creates no marriage. Unlike a botched-paperwork case, there is no good-faith ceremony to save, because the couple never entered the process at all. C invents a signed-writing requirement — marriages are not formed by a signed contract; a premarital agreement needs a writing, but the marriage itself does not.

During a weekend trip to a state that performs quick ceremonies, two people who had met only hours earlier drank heavily and, on a dare, went to a 24-hour wedding chapel. They obtained a marriage license and went through a ceremony performed by an authorized officiant. Neither could later remember any part of the ceremony. The next morning both were stunned to discover a signed marriage certificate among their belongings. They immediately parted ways, never lived together, and, within days, one of them filed a petition asking a court to set the marriage aside.

What is the filing party’s strongest ground to have the marriage set aside?

  1. The parties failed to satisfy the marriage-license requirement for a valid marriage.
  2. Severe intoxication prevented the mutual consent that a valid marriage requires. Correct
  3. The marriage was never solemnized by a person authorized to officiate.
  4. The parties’ brief acquaintance made the marriage void from its inception.
Why: Entering a marriage requires knowing and voluntary consent; a party so intoxicated that they could not understand the ceremony did not truly consent, which makes the marriage voidable — the filing party’s strongest ground (B). A is wrong on the facts, because the couple obtained a license. C fails too, since an authorized officiant performed the ceremony, so solemnization occurred. D misstates the law: a short acquaintance is not a ground of invalidity at all, and even the real defect here — lack of capacity to consent — makes a marriage voidable, not void, because void is reserved for bigamy and incest. Since the defect is voidable, the party must act before ratifying by living as married; the prompt filing and refusal to cohabit preserve the claim.

A law student is preparing for an exam by sorting marriage defects into two groups: those that make a marriage void from the very start, and those that make it merely voidable. She writes five defects on numbered cards: (1) one spouse was already married to a living person at the time of the wedding; (2) the parties are brother and sister; (3) one party was 17 and married without the required judicial approval; (4) one party was too intoxicated to understand the ceremony; and (5) one spouse fraudulently concealed a firm refusal ever to have children.

Which grouping correctly identifies the marriages that are VOID (not merely voidable)?

  1. Cards (1) and (2) only. Correct
  2. Cards (1), (2), and (3).
  3. Cards (3), (4), and (5).
  4. Cards (1) through (5), because every defect makes a marriage void.
Why: The sorting rule turns on the ground. The two 'status' defects — bigamy (already married) and incest (siblings) — make a marriage void from the start: a nullity anyone can attack, even after a death, and never curable. Those are cards (1) and (2), so A is correct. The 'consent and capacity' defects — nonage, mental incapacity or intoxication, fraud, duress, and inability to consummate — make a marriage voidable: valid until a spouse annuls it, and curable by ratification. So cards (3), (4), and (5) are voidable, which is why B (adding nonage) and C (listing the voidable trio) are wrong. D is the beginner’s error of treating every defect as void; only bigamy and incest carry that consequence.
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Family Law FAQs

Marriage, dissolution, custody, and parentage — full subject from July 2028; provided-law practice until then. The published content scope breaks it into 5 topics, tested through skills questions with the legal resources provided until February 2028, then as a fully examined subject from July 2028.
5. Our notes are mapped one-to-one against NCBE's published content scope, and starred topics mark what NCBE flags at memorize level.
Active recall beats re-reading. Read the notes once, then practice exam-format questions in mixed order, then revisit weak topics. Our weak-area tracker surfaces the topics dragging your accuracy down.
No. Through February 2028, Family Law appears only in skills questions with the legal resources provided. It becomes a fully tested subject in July 2028 — candidates for that administration onward should study it like the other doctrinal subjects.
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