1. Marriage (UPAA) Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

What is required for a statutory law marriage?

A

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

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2
Q

What remedies are available for breach of promise to marry?

A

(Most states have abolished such remedies)

Actual damages
Loss reputation
Mental anguish
Health damage
Punitive damages
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3
Q

What is required for a common law marriage?

A

(Most states have abolished)

1) Capacity
2) ‘Present’ agreement to be married
3) Cohabitation
4) Holding out publicly (living together as spouses)

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4
Q

What is required for a pre-marital agreement?

A

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)

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5
Q

Is a void pre-marital agreement still enforceable?

A

To extent necessary to avoid inequitable result

- E.g. Child custody provisions

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6
Q

What rights do spouses have in pre-marital agreements?

A

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)
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