1. Marriage (UPAA) Flashcards
What is required for a statutory law marriage?
1) Capacity
- At least 18 years of age
- Comprehend activities (no drugs/alcohol)
- Voluntary (no fraud/duress/coercion/force)
2) Licence
- Physician certificate (free from communable disease) (some states)
- Waiting period of 72 hours (many states)
3) Solemnisation
What remedies are available for breach of promise to marry?
(Most states have abolished such remedies)
Actual damages Loss reputation Mental anguish Health damage Punitive damages
What is required for a common law marriage?
(Most states have abolished)
1) Capacity
2) ‘Present’ agreement to be married
3) Cohabitation
4) Holding out publicly (living together as spouses)
What is required for a pre-marital agreement?
Uniform Premarital Agreement Act (UPAA) + Most courts
1) Capacity (NO unconscionability - full exertion of influence)
2) In writing + Signed (not waived)
3) Full fair disclosure of spouses’ financial worth
4) Fair + reasonable provisions
5) Independent counsel (not necessary but less chance of overturning)
Is a void pre-marital agreement still enforceable?
To extent necessary to avoid inequitable result
- E.g. Child custody provisions
What rights do spouses have in pre-marital agreements?
Uniform Premarital Agreement Act (UPAA) + Most states
- Property
- Sell/Lease/Assign
- Spousal support
- Will/Trust
- Choice of law
- NOT child custody (judicial reform/public policy/courts to decide based on child’s best interests)