Marriage

Question 1

Pre-Marital Agreements

Answer 1

Must be in writing. Cannot deal with child support or custody.

Enforceable unless:
1. Involuntary OR
2. Unconscionable and no adequate disclosure of assets and debts.

Question 2

Common Law Marriage

Answer 2

Requires:
1. Present intent to marry
2. Holding out as married
3. Cohabitation

Will be recognized in states who do not allow common law marriages.

Question 3

Requirements to Marry

Answer 3

License (often with a waiting period)
Ceremony with an officiant
Capacity to consent
No legal impediments

Question 4

Legal Impediments to Marriage

Answer 4

Too closely related
Still married to someone else

Question 5

Duty to Support

Answer 5

During marriage, each spouse has an obligation to support the other. Under the doctrine of necessaries, one spouse can be liable to third parties for the other spouse’s purchases for necessary expenses.

Question 6

Alienation of Affection Claim

Answer 6

Requires:
1. Evidence of genuine love and affection between validly married spouses
2. Evidence that the love and affection was destroyed
3. Proof that defendant’s actions caused it

Question 7

Criminal Conversation Claim

Answer 7

Requires:
1. Proof of a valid marriage
2. Adultery