Marriage Flashcards
Pre-marital agreements
Can cover disposition of property in the event of death or divorce; making of a will, trust or other arrangement; choice of law. Can make agreements regarding alimony but NOT child custody and support.
Validity reqs for pre-marital agreements
In writing and signed; entered into voluntarily; if unconscionable, a full and fair disclosure of assets or proof the other party had independent knowledge of assets. Some courts look at whether economic provisions are fair
Marriage reqs
License; ceremony with authorized officiant; no legal imediements to marriage; capacity to consent
Common law marriage elements
Consent to marry; cohabitation; holding themselves out publicly as spouses
Alienation of affection claim
Require evidence of genuine love and affection b/w validly married spouses, evidence that the l/a was alienated or destroyed, and proof that D’s action caused loss
Criminal conversation
Only the existence of a valid marriage and the act of adultery need to be proven
Annulment
Once annulled, the parties are treated as though they were never married
Void marriage
Invalid b/c it failed to meet the essential reqs for a legal marriage
Bigamy
If either party has a living spouse, the marriage is void
Consanguinity
Marriage b/w parties who are too closely related (aunt, uncle, brother, sister, neice, nephew, first cousin) is void
Voidable marriage
Valid until declared null
Ratification of voidable marriages
Continued habitation after the removal of the impediment means the marriage cannot be annulled
Nonage
A spouse was under the statutory age and married w/o getting required consent. Voidable
Incurable physical impotence
The inability to have normal sexual relations. Voidable
Lack of capacity
Lack of understanding, whether due to mental infirmity or the influence of drugs or alcohol. Voidable
