Getting Married Flashcards
Name the parties to a marriage contract
HUSBAND,
WIFE AND
STATE
Who defines the rights, duties and obligations of the marriage contract?
THE STATE
Regulation of the rights, duties and obligations of the marriage contract are typically found in…
State statutes
The most common minimum age to enter into the marriage contract is …
16
Exceptions are made when a younger person has the consent of
ONE OR BOTH PARENTS (PARENTAL CONSENT)
Capacity to Enter into the Contract
Age or Parental Consent
Exceptions can also be made by this state authority figure:
(JUDGE) JUDICIAL CONSENT
A person cannot marry a close relative. The question is the degree of ______________. No marriage permitted between siblings, parent and child, ancestors and descendants, or between uncles or aunts and nieces and nephews. These marriages are considered ______________
- CONSANGUINITY; DIRECT DESCENDANT (DIRECT LINE) (blood relation)
- VOID – AS THOUGH THE MARRIAGE NEVER HAPPENED
What is the most common prohibited blood relationship outside of immediate family?
FIRST-COUSINS
A person also cannot marry when the relationship is based upon a degree of ____________. Consider step-parents, in-laws, etc.
AFFINITY (RELATED BY MARRIAGE) (related by marriage)
Uniform Marriage and Divorce Act
A marriage is invalid if a party lacks capacity to consent to the marriage at the time of the marriage:
- Mental incapacity or infirmity (guardian can consent)
- Influence of alcohol or drugs or other incapitating substances
- Duress
- Fraud involving the essentials of marriage
- Immigration fraud
Cannot be married to someone else
Premarital Issues and Prenups
Contracts made prior to entering into a marriage which determines in advance what will happen in the event of divorce or death to property or support obligations are generally ______________
ENFORCEABLE
Premarital Issues and Prenups
Essay analysis
Contract law applies. Defenses to the contract also applies. Court looks to procedural and substantive fairness.
- Is this an “arms-length” relationship?
- Determined by state statute or case law
- Is this the equivalent of a fiduciary relationship?
- Determined by state statute or case law
- What about failure to disclose assets?
- Almost always a basis for NONENFORCEMENT
- What if the contract is perceived as “unreasonable” or “unconscionable”?
- Almost always a basis for NONENFORCEMENT
- Two points in time to review: at the time the contract was signed and at the time the contract is sought to be enforced
- Is insisting on a prenup or “I won’t marry you” a form of duress?
- Fact Driven – can be a basis for NONENFORCEMENT
- What if it is presented on the day before the wedding – and without a signature, the presenting party would back out?
- Fact driven – can be a basis for NONENFORCEMENT
- The closer the wedding, nonenforcement is more likely.
- Both should have the opportunity to consult a lawyer.
- Fact driven – can be a basis for NONENFORCEMENT
- The more a party discourages the other party from seeing a lawyer, non-enforcement is more likely. If a party chooses not to see a lawyer – enforced.
What are the required elements for a common law marriage?
- An agreement to be married;
- The parties must COHABITATE;
- The parties must HOLD THEMSELVES OUT TO THE WORLD as husband and wife
- AND IN SOME JURISDICTION – must have the capacity to marry.
A state must recognize the validity of a marriage if the marriage was valid in another state under the constitutional doctrine of _________________-
FULL FAITH AND CREDIT
Procedural Requirements to Marry
- Every state has statutory requirements for marriage licenses.
- Every state has statutory qualifications for who can OFFICIATE a marriage.
- Some states prohibit marriage if you are behind on CHILD SUPPORT
