Family Law

Question 1

Marriage Requirements: GENERAL

Answer 1

Three key requirements are:
(1) Capacity;
(2) Marriage License; AND
(3) Cermony

Question 2

Marriage Contract: GENERAL

Answer 2

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.

Question 3

Capacity: GENERAL

Answer 3

Measured at the time of the marriage.

Question 4

Capacity: REQUIREMENTS

Answer 4

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.

Question 5

Marriage: Bigamy

Answer 5

A spouse is legally married to someone else.

Question 6

Marriage: Incent

Answer 6

Spouses are related to each other in a way defined by the jurisdiction.

Question 7

Marriage: Diminished Capacity

Answer 7

Someone w/ diminished capacity who is considered incompetent BY A COURT MAY enter into a marriage w/ the APPROVAL OF HIS OR HER GUARDIAN.

Question 8

Marriage: Underage Person

Answer 8

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

Question 9

Marriage: ANNULMENT

Answer 9

Must prove that the marriage is EITHER:
· Void at the time it was ENTERED INTO; OR
· Voidable

Question 10

Annulment: VOID

Answer 10

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

Question 11

Annulment: VOIDABLE: General

Answer 11

A marriage is considered valid until it is challenged by one of the spouses and a court nullifies the marriage.
· NOT a 3P

Question 12

Annulment: VOIDABLE: Grounds

Answer 12

· Underage
· Incapacity at the time of marriage
· Fraud
· Duress

Question 13

Marriage License

Answer 13

Requirements in every jurisdiction.
· Can come with an expiration date, depending on the jurisdiction

Question 14

Marriage Ceremony

Answer 14

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

Question 15

Marriage Ceremony: EXCEPTION

Answer 15

CL Marriage

Question 16

CL Marriage

Answer 16

A couple that co-habitats for an amount of time sufficient to be considered CL married does NOT need to have a marriage ceremony in order to be legally recognized as CL spouses.