Issues preceding marriage

Question 1

areas tested on bar

Answer 1

1) issues preceding marriage
2) ending marriage
3) Economic issues surronding ending marriage
4) children

Question 2

in IL what can a party recover if breach promise to marrage

Answer 2

actual damages

Question 3

in IL can a person get the engagement ring back if it was a gift given on condtion of marriage

Answer 3

yes.

- subsequent gift can be recovered if marriage not occur

Question 4

does a pre-nup need to be in writing

Answer 4

yes

Question 5

grounds to challenge prenuptial agreement

Answer 5

1) NOT VOLUNTARY: duress
2) UNCONSIONABLE
(a) failure to make asset disclosure
(b) or waiver of disclosure
(c) Independent knowledge
3) absence of lawyers
(4) level of business experience
(5) time pressure
6) understanding the agreement
7) unforeseen and extreme hardship

Question 6

what 2 things need to happen for valid marriage

Answer 6

1) license

2) ceremony

Question 7

why is a marriage license required

Answer 7

to allow the govt to determine if parties have the capacity to marry

Question 8

what things are required for ceremony (2)

Answer 8

1) an aficient: clergy, any civil officer who can administer an oath
2) exchange SOLOM promises

Question 9

does IL have common law marriage

Answer 9

NO

- but if couple enters where it was legal in state, than new state will treat them as married