Getting Married

Question 1

What are the learning objectives of the lecture?

Answer 1

1. Determine whether a legally recognized marriage has been formed.
2. Recognize issues affecting parenthood and the corresponding rights and obligations of parents to children.
3. Identify the grounds to legally end a marriage and the relevant defenses.
4. Identify the components of the divorce decree.

Question 2

What is the validity of premarital agreements?

Answer 2

Premarital agreements are generally valid to resolve disputes between spouses in divorce and for estate planning in the event of death.

Question 3

What is required for a premarital agreement to be valid in most states?

Answer 3

Most states require premarital agreements to be in writing and signed by the parties.

Question 4

What can invalidate a premarital agreement?

Answer 4

A premarital agreement may be invalidated by a court finding of:
* Procedural unfairness
* Substantive unfairness

Question 5

What factors are considered relevant to procedural fairness in premarital agreements?

Answer 5

• Fullness of disclosure of net worth
• Availability of independent counsel or knowing and voluntary waiver of such representation
• Timing of the presentation of the agreement
• Relative bargaining power of the parties

Question 6

What is adequate disclosure in the context of premarital agreements?

Answer 6

There must be fair and reasonable disclosure by both parties concerning each party’s property and financial obligations.

Question 7

Under what circumstances is disclosure not required for marital agreements?

Answer 7

Disclosure may not be required if:
* There has been a voluntary waiver of this disclosure requirement
* A spouse has knowledge of or access to the other spouse’s financial circumstances.

Question 8

What does voluntariness imply regarding premarital agreements?

Answer 8

Voluntariness implies that a premarital agreement is subject to defenses of fraud, misrepresentation, or duress when lacking.

Question 9

What is substantive unfairness in premarital agreements?

Answer 9

Substantive unfairness requires a finding that the premarital agreement’s terms or impact are substantively unfair.

Question 10

What is the UPAA approach regarding premarital agreements?

Answer 10

Under the UPAA, a premarital agreement becomes unenforceable if:
* There was a lack of voluntariness
* There was a lack of adequate disclosure and the agreement was unconscionable.

Question 11

What types of agreements are permissible in premarital contracts?

Answer 11

Agreements concerning property division are permissible; waivers of alimony are generally permitted but scrutinized.

Question 12

What obligations cannot be limited by premarital agreements?

Answer 12

Premarital agreements cannot limit a parent’s obligation to support their minor children.

Question 13

What are the legal requirements for a formal marriage?

Answer 13

A formal marriage requires:
* A marriage license
* Solemnization by a state-authorized official.

Question 14

What is required for a common law marriage?

Answer 14

Common law marriage requires:
* Capacity to marry
* Present intent to be married
* Cohabitation
* Holding out as a married couple.

Question 15

What is the Supreme Court’s ruling on same-sex marriage?

Answer 15

The Supreme Court ruled that governmental bans on same-sex marriage are unconstitutional, violating the substantive due process doctrine and the fundamental right to marriage.

Question 16

What is the majority rule regarding nonage in marriage?

Answer 16

If either party is a minor under 14, marriage is prohibited; minors aged 14-18 need parental consent.

Question 17

What restrictions exist regarding consanguinity in marriage?

Answer 17

Marriages are generally prohibited between blood relatives such as:
* Ancestor and descendant
* Brother and sister
* Uncle and niece/aunt and nephew.

Question 18

What constitutes lack of consent due to mental incapacity?

Answer 18

Mental incapacity renders a marriage invalid if a party cannot consent due to impairment.

Question 19

What is a void marriage?

Answer 19

A void marriage is of no legal effect and cannot be recognized.

Question 20

What is a voidable marriage?

Answer 20

A voidable marriage is valid until annulled by the aggrieved party.

Question 21

What are some grounds for annulment?

Answer 21

Grounds for annulment include:
* Non-age
* Impotence
* Temporary lack of capacity
* Mental incompetence.

Question 22

What are some grounds for annulment?

Answer 22

Non-age, Impotence of spouse, Temporary lack of capacity, Mental incompetence

These grounds indicate reasons a marriage may be considered voidable.

Question 23

What is the effect of annulment on a marriage?

Answer 23

An annulled marriage is declared invalid from its inception and legally eradicates the marriage.

This means that the marriage is treated as if it never existed.

Question 24

What remedies can be obtained from an annulled marriage?

Answer 24

Property division, Spousal support/alimony, Equitable relief on theories of unjust enrichment and constructive trust

These remedies are similar to those available in a divorce.

Question 25

What is required to qualify as a putative spouse?

Answer 25

Ceremonial marriage and at least one spouse must have a good faith belief in the validity of the marriage. ## Footnote This status provides certain legal protections even if the marriage is later deemed invalid.

Question 26

What rights may a putative spouse acquire?

Answer 26

Inheritance rights, Rights in property acquired during the putative marriage, Right to maintenance following termination ## Footnote These rights are granted even if the marriage was legally prohibited or invalid.

Question 27

True or False: A putative spouse is treated the same as a legal spouse in all states.

Answer 27

False ## Footnote Some states may provide equitable remedies instead of full legal rights.

Question 28

What issues arise when a spouse is underage without parental consent?

Answer 28

Lack of capacity and potential for annulment due to being underage ## Footnote The marriage can be voidable at the discretion of the underage spouse.

Question 29

What is the principle of comity in relation to out-of-state marriages?

Answer 29

A marriage that satisfies the requirements of the state where contracted will be recognized as valid unless it violates the strong public policy of another state. ## Footnote This principle promotes respect for the laws of other jurisdictions.

Question 30

What is an exception to the principle of comity?

Answer 30

States differ in what constitutes a strong enough public policy. ## Footnote This can lead to varying recognition of marriages across state lines.

Question 31

Fill in the blank: States generally recognize marriages of ________ married in a state where such marriages are legal.

Answer 31

first cousins ## Footnote This recognition can vary based on state laws.

Question 32

What happens if residents evade state law to marry?

Answer 32

Their marriage will not be recognized in their home state. ## Footnote This applies if they leave to contract a marriage that would not be valid in their home state.

Question 33

What is the legal status of unmarried cohabitants?

Answer 33

They generally have no legally recognized status unless they meet the requirements for common law marriage or putative spouses. ## Footnote This lack of status can affect their rights and obligations.

Question 34

What types of contracts are recognized between unmarried cohabitants?

Answer 34

Express and implied contracts, provided there is consideration other than sexual services. ## Footnote Such contracts can involve agreements on support or property sharing.