Fambam

Question 1

gifts i ncontemplation of marriage

Answer 1

gifts confitioned on the subsequent marriage, like engagement rings, are nll if marriage faisl to take place
- consider the type of tproeprty given, the conditions attached, and the intent of the donot

Question 2

Antentuptual (premarital agreementS)

Answer 2

1. Uniform Premarital Agereements Act
2. death or divorce
3. can agree ro disposition of property at divroce and to alimont. Waiver of alimont will ebe upheld unless doing so will cause disafcantaged spouse to become a puclic charge
4. cnanot be bound by provisions re: children
5. general fiairness and wehther represented is considered
6. can agree to which state law will aply, if not, most significant relaitonship or where agreemtn was executed

Validity
- in writing and signed
-entered into volutnarily
- full dislosyre of assets or proof party haf infependent knowledgr  - unconscionable?
-

Question 3

Marriage requirements

Answer 3

1. license
2. ceremont with authorized officient
3. no legal imprediments
4. capacity to cosnent

Question 4

License

Answer 4

some states require medical ceretificate

most states provide 72 hour waitingperod after applciaiton before ceremony can take place

Question 5

legal impediments to marriage

Answer 5

1. too closely related
   - cannot amrry ascendents, desdenfants, siblinges, aunt/uncle, niece/nephew, whether whole or half blood
   - mant states probhbnit marriages beween those related by marriage, steprelations or afoption
   - marriage between 1st cousins permitted in some states
2. already married to someone else
3. of the same gender- hahahaha
4. capacity to concent
   - mental ability at time of ceremong : conside under the infleunce of alc or drugs or mentally handicapped
   - age: afe pf majority; parental consent (16+) or judicial consent (under 16)

Question 6

Common Law Marriage

Answer 6

requiremnetS: consent to marriage (capacity and no legal impedimentS) ; cohabitation; holding self out to public as husband and wife

Question 7

Marriage by estoppel/putative marriage

Answer 7

equitable remedy may be fiven by soem courts to the innocent party who acted in good gaith when entering an inalud marraige
- putatitve spose can acuire rights of a legal spouse

Question 8

Proeprty in marriage

Answer 8

each spose owns and ocntrols his or her own peroperty bu in event of divorce, title will not spoistitce in the euitabel division of proepty

if own in tenancy by entireties, presumed one psouse cannot convey or encumber proeptyy withotu consent of the other spouse

Question 9

Doctrien of necesaries

Answer 9

can be used to make one spouse liable to 3P for the other spouses’s purchases for nexxary expenses such as ood, clothing ,and health care
- creditor can come after other spouse

Question 10

Protective order

Answer 10

can be granted ex parte and can last for oen mont hto several years depedngin on jurisdiction

Question 11

Tortious Interference wiht Marriage

Answer 11

Aleinatioin fo affection

Criminat Conversation

Question 12

alienation of affection

Answer 12

against 3P mistress

ReQ:1. genuien love and aggeciton beween spouses who are calidlt married

2. loce and affection was alienated and destroyed
3. defendant’s act caused the loss of love and affect

adultery not rew.
poof of damage is rew and highlit subjective

Question 13

Ceiminal onversation

Answer 13

the mattiage of sposes and adultert breween def and spose during mattiage
- damages same as alienation claim

Question 14

anulment

Answer 14

declaration that marriage is invalid

Question 15

void marriage

Answer 15

fail to meet essential requirements
can be attahed b one of partied or colalterally by 3P
mat or may nor be remedied by continued habitation after removal of impediment
ex: bigomy, 2. too cosely related

Question 16

vodiable marriage

Answer 16

ecent or conrisiont affetinf adewacy of consent to marriage cotact
treated as calid until annulledcan be attached only by or on behalf od a aprt yo the marriafe and in some cases onyl by party who is soudht to be protected
marraige can eb rarified by contined cohabitation after remocal of indirmity

ex: unfderag,e duress, fraud, lack of capacirt

Question 17

Effect of annulemnt

Answer 17

marriage set aside as if never existed
children remain lefitimae
child uppoert can be awatrded
spousal support may be awatded
property treate as if never mattied

Question 18

Divorce jurisdiction

Answer 18

one spouses msut be domiciled - min period then there is a persumpthing tht domiciled. To determine dfinancial issues, court must have PJ over both aprties

Question 19

groudns for dicorce- no fault

Answer 19

irreconcilable difference
livign spearate and apart for a specidied time
incomatibiltiy

note: still married during this time

Question 20

fault based divorce

Answer 20

adultery - procid by circumstantial evidence of opportuyinty and inclination; corroboration of adultery is often required

desertion for a specidied time; unjustifiable depratute from marital home with no intent to return (note, leaibg because abused is justifiable)

cruelty

habitual drunkenness or abuse of drugs commencing after marriage

insanity

Question 21

Defenses to divorce

Answer 21

collusion - parties agreed to sumulate the frounds fot divorce

connivance- P willingle consented to the other spouses’s misocodnuct

condemnation - P forgave marital offense wiht full knowlege of the offense (generallt reuires sex after forgiveness)

crecrimination P also guitly of marital ffailt : doctirne of unclean hands

Question 22

LEgal separation

Answer 22

parties still married byut can seek to ave rights regating properttm spousal support, child custodt and child support decided

Question 23

Property division

Answer 23

communtiy property
equitable dicision of all
equitable dicision of marital propert

Question 24

two step process in proeprty division

Answer 24

classificaiton - mrital or separate
division 0 make an equitable diision of marital estate no matter how property is titles

important: ewuitabel diision does not necesarily mean equal

Question 25

separat peoperty

Answer 25

owned us poser before marriage including indicidual retirement accounrs
acquired by gift including inheritance
in exchange for peroperty acwuried before the marriage
income from an apprecialcion of separate property
pain and suffering awards, vistim of crime conmmpeanation, future medical expenses ,a nd future lsot wages
property acwuired by a sposie after an order of legal separation where the court has made a dinal disposition of property

Question 26

marital proeprty

Answer 26

all propert during marriage up to final divorce decree
includes laie of vested an unvester pension, stock option rights, retirement or other fringe benefire rights relation to emplotment that ccrued uring that periodo f marriage
includes recover in PO

Question 27

Commingling

Answer 27

separat propert can become mariteal if propert is comingled

Question 28

reanfsmution

Answer 28

speatate proeprty an becoem marieal based on intent of pro[erty

Question 29

improvemet of sepatae property

Answer 29

improved by se pd ,arrota;e fimdes pr effpres pf lnon-owning sposed then wil lrand marial estate reimberusement for calue affed

but, if enither spose ever cisited and property increased calued becgthen woudl remain sepata

Question 30

Pension

Answer 30

consired amrital property; names on each will no matter

Question 31

professional licaense or degree

Answer 31

not consiedere marital property

to avoid unfairness, some juri nconsider ir when awarding alimont

Question 32

tax consequences

Answer 32

property division is not a tacable event

Question 33

4 types of alimont

Answer 33

permanent periodic, lump sum, rehabitative support, reimbursement

Question 34

incoem shares approach

Answer 34

child suppot cosnideres the numebr of children adn the income of the parents to determine a base line of child support