Before Marriage

Question 1

What are the 5 heart balm actions that have been abolished? (hear balm actions being actions taken to sooth your broken heart)

Answer 1

1) Breach of promise to marry;
2) Seduction of unmarried female;
3) Alienation of affections;
4) Criminal conversation; and
5) Jactitation (restlessness tossing in illness) of marriage.

Question 2

What about heart balm actions of sister states?

Answer 2

Recognised as a matter of full faith and credit.

Question 3

Can i recover a gift I gave you solely in consideration of getting married?

Answer 3

Yes you can.

Question 4

What are the limitations on contracts between unmarried cohabitants regarding relationship?

Answer 4

Will enforce express, but not implied agreements provided that consideration is not sex.

Question 5

What are the requirements for a prenuptual agreement

Answer 5

1. In writing, signed by both
2. Cannot have pre-agreed on divorce or contracted to engage in conduct constituting grounds for divorce
3. Must be freely made
4. Must not be unconscionable (waiver of all support only unconscionable if would leave weaker party a public charge)