Getting Married Flashcards
Engagement and Measure of Damages for Breach.
In GA, the action for breach of promise to marry sounds in contract. The measure of damages is actual damages and loss of reputation
Gifts in Contemplation of Marriage
Includes: wedding gifts, engagement rings, and any other gifts contingent upon the subsequent ceremonial marriage.
If the marriage doesn’t take place, those gifts must be returned. But, other gifts given during engagement may not be given in contemplation of marriage.
Courts consider factors such as the type of property given, fraud, conditions attached to the gift, and the intent of the donor to determine whether the gift will be deemed to be given in contemplation of marriage (and thus recoverable by the donor if the marriage does not occur)
Marriage Limitations in Georgia
- Age (generally 18. Exceptions: 16/17 parental consent; under 18 minor who’s emancipated)
- Consanguinity or affinity, including:
a. siblings;
b. grandparents/grandchildren
c. parents/children or stepchildren
d. aunts/nephews
e. uncles/nieces - same sex couples
- mental capacity (consent with knowledge)
- physical capacity (must be able to have sex)
- bigamy - polygamy (can also prosecute for this)
Procedures for Valid Marriage
LSPCP
- License
- Solemnization
- Physical presence
- Consummation
- Proper state of mind
Marriage Licenses in GA
- No waiting period
- No medical exam requirement
Solemnzation
Requires a judge or minister of any sect that is authorized by that religion to perform marriages.
Common Law Marriages
As of Jan 1, 1997, CL marriages no longer recognized in GA. CL marriages perfected before then will still be recognized because there was no retroactive legislation.
Full faith and credit applies to valid marriages in other states.
Physical Presence
Both parties must sign/verify the license at the wedding ceremony.
There is no law rejecting proxies, but the above rule seems to prevent it from happening.
Consummation
The officiant must sign the license
State of Mind Requirements
- Capacity to consent: must have the mental capacity to understand their actions and to agree to them. (Intoxication CAN negate capacity)
- Intent to marry
Pre-Marital Contracts
- May be oral or in writing. (WON’T BE INVALIDATED FOR IMPROPER FORM)
- Requires 2 witnesses (same invalidation principal applies as above)
- Scrutinized for good faith and party’s intent, but upon divorce, the courts will scrutinize more heavily. (Did parties full disclose info? ex. Financial issues)
- General contract principals apply - marriage is sufficient consideration; must be good faith and lack of undue influence; must be recorded to affect third parties; must be conscionable.
*Courts will NOT enforce child cutody provisions.
Challenging Pre-Martial Contracts
To enforce, you must show:
- there was full and fair disclosure of the parties’ assets prior to execution of the agreement, and
- the party opposing enforcement entered into the agreement freely, voluntarily, and with full understanding of its terms after being offered the opportunity to consult with independent counsel.
- the contract was not unconscionable,
- it is neither unfair nor unreasonable in light of the circumstances.