Getting Married

Question 1

Is Marriage a contract?

Answer 1

Yes, but Other contracts may be modified, restricted, or enlarged, or entirely released upon the consent of the parties. Not so with marriage. The relation once formed, the law steps in and holds the parties to various obligations and liabilities.

Question 2

what is a breech of promise to marry?

Answer 2

One party can recover damages if the other party breaks off the engagement
(not permitted in florida)

Question 3

what are Traditional defenses in breech of promise to marry?

Answer 3

Physical and mental defect

Woman’s lack of chastity or love for him

Mutuality of decision to end engagement

Question 4

what is needed to prove a breech of promise to marry

Answer 4

A signed evidence of a promise to marry
or
two disinterested witnesses to attest to the promise

Question 5

what kind of gift is an engagement ring?

Answer 5

a conditional gift
(majority view and florida)

Question 6

How to prove that an engagement ring was not a conditional gift rather a gift

Answer 6

the person challenging has the burden to show
1. the ring was not given in contemplation (not an engagement ring)
2.it was not a condition upon marriage

Question 7

what happens to the ring if marriage does occur?

Answer 7

(florida) if marriage does take place the ring belongs to the recipient

Question 8

What are the requirements for a valid gift?

Answer 8

donative intent
and
delivery

Question 9

What are the 3 contracts between intimate partners?

Answer 9

1. cohabitation agreements
   2.premarital agreements
   3.marital settlement agreements

Question 10

Requirements for both premarital agreements under UPAA and ALI

Answer 10

-voluntary
-writing
-adequate disclosure
(prospective spouse can waive and prospective spouses independent knowledge can be substitute for disclosure)
-substantive & procedural fairness

(UPAA requires unconscionability to invalidate it )

Question 11

what is fairness in a premarital contract?

Answer 11

-substantive fairness-are the provisions fair?
-procedural fairness in execution of agreement (was it fairly procured : entered into voluntarily after full disclosure.
1a. voluntary (without fraud, duress, or undue influence)
2a. adequate disclosure (adequate negotiating discuss)

Question 12

Can a state prevent marriage solely based on race?

Answer 12

state law that prevents marriage on the basis of race violates equal protection clause of the 14th ademd. and the due process right to marry

Question 13

what is the full faith in credit clause?

Answer 13

require that one state give full faith and credit to “the public acts, records, and judicial proceedings” of sister states.

Question 14

can a statue prevent certain residents from marrying without first obtaining a court order

Answer 14

no, right to marry is a fundamental right, and any legislative attempts by a state to limit that right are unconstitutional unless they are narrowly-tailored to the accomplishment of an important governmental purpose.

Question 15

can a state forbids prison inmates from marrying?

Answer 15

no, marriage is a fundamental right even for prisons, unless they are sentenced to life with a ban on marriage constituting part of their punishment

Question 16

do same sex couples have the consitutional right to marry

Answer 16

yes the right to marriage is guaranteed Under the Due Process Protection Clause and equal protection extends that right to same sex.