Family MEE

Question 1

Before marriage

Answer 1

Breach of promise to marry is a contracts claim with punitive damages

Prenups are allowed as long as not against public policy (provisions about future kids, provisions that would render a spouse a public charge) and fair (in writing, no duress, full disclosure)

Question 2

Valid Marriages

Answer 2

ceremonial- needs a license and a ceremony by licensed officiant
common law- consent, cohabitation, holding out to world
by estoppel- equitable remedy for invalid marriages

No legal impediments:
no bygamy, close blood relationship, minors without consent, or lack of capacity

Marriage includes a duty to support each other with necessaries

Marriage includes ability to sue 3rd parties for tortious interference with marriage

Question 3

Annulment of marriage

Answer 3

Void marriage- utter nullification
parties failed to meet requirements of marriage

Voidable- become null if attacked but can be remedied through ratification

Question 4

Grounds for divorce

Answer 4

Ct needs PJ over one spouse through domicile.

fault divorce- bad behavior (defense is consent/false allegations/forgiveness/recrimination)
no fault divorce- irreconcilable differences, insanity (defense is reconciliation)

Question 5

Division of marital property

Answer 5

Make sure it’s actual shared marital property acquired during marriage as part of marital estate

Divide equitably

Consider all of the factors relating to earning potential, economic fault, amount of contribution

Question 6

Alimony

Answer 6

Can be long, lump sum, or short

Look at factors including marital fault- standard of living, condition, reimbursements, rehabilitation