Marriage (27%)

Question 1

A marriage is

Answer 1

Legal union of two persons

1. status conferred by law
2. contract between married persons

Question 2

The state has a right to impose certain responsibilities on the spouses.
(2)

Answer 2

1. duty to support

2. doctrine of necessaries

Question 3

Doctrine of necessaries

Answer 3

each spouse is to secure the debts of the other spouse for necessaries (e.g. health care)

Question 4

What is the right to marry?

Answer 4

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.

Question 5

The state’s interest in regulating marriage is greatest at

Answer 5

it’s beginning and end

Question 6

Outside of death, state intervention is required for dissolution of marriage in one of two ways:

Answer 6

1. annulment

2. divorce

Question 7

Annulment is

Answer 7

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

Question 8

Family law is grounded in

Answer 8

equity, will look to what is fair or equitable

Question 9

Contracts Relating to Marriage: Property Conveyances

Answer 9

Enforced by the court

Question 10

Contracts Relating to Marriage: Contracts Regarding Everyday Occurances

Answer 10

not enforced by the court

Question 11

Premarital (also called prenuptial or antenuptial) agreements are

Answer 11

Agreements entered into anticipation of marriage and only be activated if there is a marriage

Question 12

What governs premarital agreements?

Answer 12

The Uniform Premarital Agreement Act

Question 13

A prenup is usually intended to:

Answer 13

1. limit right to alimony
2. limit right to property gained during marriage
3. can cover personal obligations (≠contrary to public policy)

Question 14

For a prenup to be enforceable, there must be a

3

Answer 14

1. signed
2. voluntary
3. writing

≠ unconscionable + not full disclosure of assets

Question 15

How can a prenup be revoked or amended?

Answer 15

Has to be signed and in writing

Question 16

If there is a prenup provision that is contrary to public policy, what is the effect?

Answer 16

Those provisions are not enforced

Question 17

A separation agreement comes into play when:

Answer 17

The parties decide to live apart and govern what happens between divorce

Question 18

A separation agreement requirements:

Answer 18

1. signed
2. notarized
3. writing

-general contract requirements
≠violate public policy

Question 19

A provision limiting a child’s right to support is

Answer 19

Against public policy

Question 20

A settlement agreement is enforceable if

Answer 20

• Agreement at divorce
  1. signed
  2. notarized
  3. writing

-general contract requirements
≠violate public policy

Question 21

Settlement v. separation agreement?

Answer 21

Settlement agreement can waive right to alimony

Separation agreement cannot waive

Question 22

Parties’ Disclosure Obligation when contracting

Answer 22

A spouse must have an opportunity to get full disclosure concerning the financial obligations and assets of the other spouse. (can be waived)

Question 23

Fiduciary Relationship between spouses?

Occurs when?
Ends when?

Answer 23

Occurs at marriage
-must fully disclose assets and debts

Ends when one party hires an attorney to file a divorce action

Question 24

Breach of promise to marry is established by

2

Answer 24

1. mutual promises to mary
   +
2. one party, without justification refused to marry.

Question 25

What is a defense to breach of promise to marry?

Answer 25

If the π misrepresented facts “essential” to the promise to marry, such as impotence, fertility, or sterility.