Creation of Marriage Flashcards
1
Q
Define
A
- Sounds like contract claim but provides tort damage
2
Q
gifts in contemplation of marriage
A
Must be returned upon breach of promise to marry
Ex: engagement ring
3
Q
Define
antenuptial (premarital) agreement
A
- Valid contracts that address rights of parties upon divorce or death
- Marriage is sufficient consideration to support contract
4
Q
Define
antenuptial (premarital) agreement
A
- Valid contracts that address rights of parties upon divorce or death (ex: alimony)
- Marriage is sufficient consideration to support contract
- Provisions re: children are unenforceable
- Provision unenforceable if it leaves spouse a public charge
5
Q
Requirements for a Prenup
A
- In writing and signed
- Entered into voluntarily
- If deemed unconscionable, full and fair disclosure of partie’s assets
- Fair and reasonable economic provisions
While not required, representation by independent counsel is encouraged and makes it less likely court will find overreaching
6
Q
Is a prenup enforceable if the marriage is void?
A
Yes, to the extent necessary to avoid unequitable result
7
Q
Choice of Law for Prenups
A
- Choice of law proivsion, if present
- Law of state where prenup was executed
- Law of state with most significant relationship with parties
8
Q
Requirements for a Marriage
A
- License
- Ceremony with uthorized officiant
- No legal impediments
- Capacity to consent
9
Q
Legal Impediments to Marriage
A
- Not too closelt related
- Bigamy
10
Q
Common Law Marriage
A
- Consent to marry (capacity + no legal impediments)
- Cohabitation
- Holding out publicly as spouses
CL marriage will be recognized by states that do not have common law marriage
11
Q
Marraige by Estoppel
A
- Also alled “putative marriage”
- Protects innocent party who acted in good faith when entering itno invalid marriage (ex: bigamy)
- Putative spouse may acquire all rights of legal spouse
