Family Law Flashcards
Marriage Requirements: GENERAL
Three key requirements are:
(1) Capacity;
(2) Marriage License; AND
(3) Cermony
Marriage Contract: GENERAL
Once created, marriage contract CANNOT be modified or terminated UNILATERALLY by one spouse or BILATERALLY by both spouses WITHOUT the CONSENT OF THE STATE.
· Contractual Relationship
· Governed by the laws of the particular jurisdiction the marriage is to take place.
Capacity: GENERAL
Measured at the time of the marriage.
Capacity: REQUIREMENTS
Four general requirements for capacity to be satisfied:
(1) Marriage must NOT result in bigamy;
(2) Marriage must NOT result in incest;
(3) Each spouse MUST possess the mental ability to under the CONSEQUENCES AND OBLIGATIONS of marriage; AND
(4) Each spouse MUST be of LEGAL AGE to marry in the jurisdiction.
–> BOTH spouses MUST VOLUNTARILY consent to entering into the union AND have the four requirements.
Marriage: Bigamy
A spouse is legally married to someone else.
Marriage: Incent
Spouses are related to each other in a way defined by the jurisdiction.
Marriage: Diminished Capacity
Someone w/ diminished capacity who is considered incompetent BY A COURT MAY enter into a marriage w/ the APPROVAL OF HIS OR HER GUARDIAN.
Marriage: Underage Person
Very young is considered incapable of appreciating the consequences of marriage –> T4: LACKS the requisite mental capacity.
· Court MAY consent to the marriage if appropriate
–> Pregnancy alone is NOT ENOUGH
Marriage: ANNULMENT
Must prove that the marriage is EITHER:
· Void at the time it was ENTERED INTO; OR
· Voidable
Annulment: VOID
A marriage is VOID if if is considered invalid from its inception AND no court order is necessary for the marriage to be annulled (may seek a judicial declaration).
· Void if it OFFENDS THE PUBLIC CONSCIENCE
Annulment: VOIDABLE: General
A marriage is considered valid until it is challenged by one of the spouses and a court nullifies the marriage.
· NOT a 3P
Annulment: VOIDABLE: Grounds
· Underage
· Incapacity at the time of marriage
· Fraud
· Duress
Marriage License
Requirements in every jurisdiction.
· Can come with an expiration date, depending on the jurisdiction
Marriage Ceremony
ONLY requires that a marriage ceremony is:
· Presided over by a member of the CLERGY OR COURT APPOINTED OFFICIAL;
·Vows are exchanged indicating the couples intentions to wed; AND
· Witnesses by someone OTHER THAN the couple and official.
–> Does not need to take place in a certain place
Marriage Ceremony: EXCEPTION
CL Marriage
