Marriage (27%) Flashcards
A marriage is
Legal union of two persons
- status conferred by law
- contract between married persons
The state has a right to impose certain responsibilities on the spouses.
(2)
- duty to support
2. doctrine of necessaries
Doctrine of necessaries
each spouse is to secure the debts of the other spouse for necessaries (e.g. health care)
What is the right to marry?
The right to marry is a fundamental human right, and a state may not unreasonably interfere with, or restrict, a person’s right to marry.
The state’s interest in regulating marriage is greatest at
it’s beginning and end
Outside of death, state intervention is required for dissolution of marriage in one of two ways:
- annulment
2. divorce
Annulment is
Voids a marriage when the requirements to entry into marriage is not met.
- no marriage at all
- no right to alimony nor property rights
- still have child support issues
Family law is grounded in
equity, will look to what is fair or equitable
Contracts Relating to Marriage: Property Conveyances
Enforced by the court
Contracts Relating to Marriage: Contracts Regarding Everyday Occurances
not enforced by the court
Premarital (also called prenuptial or antenuptial) agreements are
Agreements entered into anticipation of marriage and only be activated if there is a marriage
What governs premarital agreements?
The Uniform Premarital Agreement Act
A prenup is usually intended to:
- limit right to alimony
- limit right to property gained during marriage
- can cover personal obligations (≠contrary to public policy)
For a prenup to be enforceable, there must be a
3
- signed
- voluntary
- writing
≠ unconscionable + not full disclosure of assets
How can a prenup be revoked or amended?
Has to be signed and in writing
If there is a prenup provision that is contrary to public policy, what is the effect?
Those provisions are not enforced
A separation agreement comes into play when:
The parties decide to live apart and govern what happens between divorce
A separation agreement requirements:
- signed
- notarized
- writing
-general contract requirements
≠violate public policy
A provision limiting a child’s right to support is
Against public policy
A settlement agreement is enforceable if
- Agreement at divorce
1. signed
2. notarized
3. writing
-general contract requirements
≠violate public policy
Settlement v. separation agreement?
Settlement agreement can waive right to alimony
Separation agreement cannot waive
Parties’ Disclosure Obligation when contracting
A spouse must have an opportunity to get full disclosure concerning the financial obligations and assets of the other spouse. (can be waived)
Fiduciary Relationship between spouses?
Occurs when?
Ends when?
Occurs at marriage
-must fully disclose assets and debts
Ends when one party hires an attorney to file a divorce action
Breach of promise to marry is established by
2
- mutual promises to mary
+ - one party, without justification refused to marry.
What is a defense to breach of promise to marry?
If the π misrepresented facts “essential” to the promise to marry, such as impotence, fertility, or sterility.
