Family: Nullity and Agreements

Question 1

Void Marriages

Answer 1

marriage is void ab initio if it is based on incest or bigamy

Question 2

Voidable marriages

Answer 2

marriages are voidable based on

(1) age
(2) mental incapacity or mental illness
(3) physical incapacity (5 year rule)
(4) consent by force or duress
(5) fraud (false representation of intent to have kids, he alt, mental condition, or prior marital status)

Question 3

SOL to bring an action for annulment

Answer 3

Generally six years, except for the three year fraud limit and the five year physical incapacity limit.

Question 4

General matters of premarital agreements include

Answer 4

rights in the other’s estate in event of death, alimony and property division in event of divorce

Question 5

An prenuptial agreement requires

Answer 5

a writing, subscribed by the parities, acknowledged in the same manner require to entitle a deed to be recorded

Question 6

Privacy and constitution

Answer 6

10th amendment leaves family law under the exclusive jurisdiction of the states except as limited by specific constitutional provisions