Getting Married

Question 1

Marriage in General

Answer 1

Marriage is the legal union of two individuals, with the accompanying obligations and liabilities.

Question 2

Controversies Arising in Anticipation of Marriage

Answer 2

(1) Breach of Promise to Marry (tort) and (2) Gifts in contemplation of marriage (engagement rings must be returned.)

Question 3

Limitations on who may marry

Answer 3

(1) be of minimum age (2) not be too closely related (3) have the capacity to consent and (4) not have a prior undissolved marriage to a living spouse.

Question 4

Procedural Requirements

Answer 4

(1) License and (2) Solemnization

Question 5

State of Mind Requirements

Answer 5

Parties must understand their actions and voluntarily agree to them. (So intoxication is a defense) One must intend to be married (so fraud, duress, and undue influence is a defense).

Question 6

Common-Law Marriage

Answer 6

(1) exchange of consents between two people with capacity (2) cohabitation and (3) a holding out publicly of living together as spouses.

Question 7

Premarital Contracts

Answer 7

(1) Agreement must be entered into voluntarily; (2) the contract must be in writing and signed by the party to be charged; (3) both parties must make full and fair disclosure of their financial worth; and (4) the economic provisions must be fair and reasonable.