marriage

Question 1

how to challenge the validity of a premarital agreement

Answer 1

(1) SOF [must be in writing and signed by both parties]

**exception: oral agreement may be recognized if there is detrimental reliance and partial performance

(2) Not voluntary - duress

[a] unreasonable time pressure, or
[b] unequal degrees of economic sophistication, education, experience, or
[c] whether party had legal representation, esp if one party had representation and the other did not

(3) unconscionable at the time of execution + lack of economic disclosure

[a] no disclosure of assets
[b] no independent knowledge of their economic assets
and
[c] no waiver of right to disclosure

Question 2

effect of cancelled wedding on prenup

Answer 2

prenup is repudiated

[if they decide to marry later, it remains invalid unless re-executed]

Question 3

how to modify a prenup

Answer 3

written agreement signed by both parties - no consideration required

Question 4

effect of prenup when marriage is void

Answer 4

enforceable only to the extent necessary to avoid inequitable result

Question 5

how postnuptial agreements are treated in VA

Answer 5

same as prenups

Question 6

when are common law marriages recognized

Answer 6

VA will recognize common law marriage if valid when entered into in another state

not in VA

Question 7

how to get married in VA

Answer 7

VALID CEREMONIAL MARRIAGE:

(1) license
- issued by clerk of court
- valid for 60 days

(2) ceremony
– officiant [any religion, gov’t officials]
— promises [no specific words]

Question 8

why does VA require license to marry

Answer 8

opp for state to evaluate marital capacity