Before Marriage Rules and Terms Flashcards
What is a Breach of Promise to Marry?
Most states have ABOLISHED actions for breach of promise to marry. In states that retain the action, it sounds like a contract claim, but it provides tort damages including actual damages and damages for loss of reputation, mental anguish, and injury to health.
- Punitive damages may be available.
What is an Antenuptial (Premarital) Agreement?
Premarital contracts (also called antenuptial agreements) are valid contracts that address the rights of the parties upon divorce or death.
- The marriage is sufficient consideration to support the prenup
What kind of content is usually in a Antenuptial (Premarital) Agreement?
Under the Uniform Premarital Agreement Act (“UPAA”), which has been adopted by a majority of states, these agreements can cover:
- The disposition of property in the event of death or divorce
- The making of a will, trust, or other arrangement to carry out the provisions of the agreement
- The choice of law governing construction of agreement
- Any other matter not in violation of public policy or criminal statute.
What are the main requirements for validity of an Antenuptial (Premarital) Agreement?
For a premarital contract to be enforceable, most courts require the following:
- The contract must be in writing and signed
- The agreement must be entered into voluntarily (meaning without fraud, duress, or overreaching)
- There must be a full and fair disclosure of the parties’ assets or proof that the party against whom the agreement is being enforced had independent knowledge of the assets
3a. Under the UPAA, courts only examine this element if the agreement is unconscionable
3b. Some courts consider whether the economic provisions are fair and reasonable
What happens to a Premarital Agreement if the Marriage is found to be Void?
If a marriage is found to be void, a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
