Getting Married Flashcards
In states which recognize breach of a promise to marry, what kind of damages can be recovered?
actual and sometimes punitive damages
What happens to gifts given to one’s intended spouse if the marriage does not occur?
the gift fails and is null
Premarital agreements are also referred to as . . .
antenuptial agreements
Premarital agreements address the rights of the parties in the event of what?
death or divorce
When will a waiver of alimony be voided by a court?
when the waiving party would become a public charge if the alimony were not paid to them.
What are the requirements for a valid prenuptial agreement?
it must be in writing, signed, be entered into voluntarily, and make a full disclosure of the assets of each spouse .
What law governs a prenuptial agreement?
whatever state agreed to by the parties, the state with the most significant relationship to the parties, or the state where the agreement was entered into.
What must be shown for a premarital agreement to be valid?
1) it must be entered into voluntarily; 2) must be written; 3) there must be a full and fair disclosure of the parties’ financial worth; and 4) the economic provisions of the contract must be fair and reasonable.
Is independent counsel required for a premarital agreement?
no
What is the effect of a void marriage on a premarital agreement?
the agreement is enforceable only to the extent necessary to prevent an inequitable result.
A premarital agreement’s economic provisions must be . . .
fair and reasonable
Whether a premarital agreement is unconscionable is determined when?
at the time the agreement is created, not when the agreement is trying to be enforced.
Must a contract to divide property in marriage in a particular way be written?
no, it may be oral. This includes the exchanging of vows at the marital or commitment ceremony.
