I. Getting Married

Question 1

Before Marriage: Breach of Promise to Marry

Answer 1

Results in contract.

Measure of damages is whatever actual damage and loss of reputation, mental damages, etc.

Question 2

Before Marriage, Gifts in Contemplation of marriage

Answer 2

• Engagement rings/wedding gifts/etc conditioned upon the subsequent ceremony taking place
  
  • if does not take place, need to be returned
  • not all gifts during engagement are considered as in contemplaintion
  • consider type of prop, fraud conditions, and donor intent

Question 3

Marraige Limitations

Answer 3

1. Age: 18; 16 or 17 w/parental consent or if emancipated
2. Cosanguintiy or Affinity Including
   
   1. Parents and their children or step chilrden
   2. grandparents and their grandchildren
   3. siblings of the whole blood or the half blood
   4. aunts and nephews
   5. uncles and neices
3. Sme SEx Couples
4. Mental Capacity: ability to comprehend and voluntarily agree
5. Physical Capacity: Consumate Marriage
6. No bigamay or Polygamy

Question 4

Procedural Requirements for Marraige

Answer 4

1. License
   
   1. no med exam or waiting period required
2. solemnization by judge, minister, person authorized by religious sect. Validity not dependent on person’s authority
3. Marriage Ceremony–>no common law marriage but other states marriage recognized
4. Physical Presence–> no outright bar on proxy marriage but must sign license at ceremony
5. Consumation–> officiant must sign
6. State of Mind:
   
   1. capaity to consent–understand their actions and agree to them (alcohol and drugs
   2. Intent–fraud or durress

Question 5

Premarital Contracts: Marriage Articles

Answer 5

• Contracts between two parties that are contingent upon marriage
• Form: Oral or in writing but not invalidated for improper form
• Must have 2 witnesses
• if in wirting, must be liberally construed in accordance with intent although will be scrutinezed heavily if they contemplate divorce

Question 6

Contract principles apply to marriage articles