Marriage

Question 1

When must enagement gifts be returned?

Answer 1

1. Made in contemplation of marriage
2. Given with condition that marriage take place

Question 2

What are the requirements for a valid marriage?

Answer 2

1. Marriage license from county clerk of county where either spouse resides
2. Solemnization performed by judicial officer or member of the clergy with 2 witnesses
3. Filing the marriage license in county where it was issued

Question 3

Capacity required to enter into a marriage

Answer 3

Contractual capacity

Question 4

When will fraud and duress make a marriage voidable?

Answer 4

1. Relates to essential element of the K:

“of a nature wholly subversive to the essence of the marriage relationship”

2. Affects the free conduct of the wronged party

Question 5

Requirements for enforcing a common law marriage in Michigan

Answer 5

• Consent of the parties (requires capacity)
• Cohabitation
• Holding out to the public that living together as married

Question 6

What grounds are required for granting a divorce?

Answer 6

One of the parties must assert that the marriage is “irretrievably broken”

Question 7

What is the effect of merger on enforcement remedies for violation of a separation agreement?

Answer 7

If the agreement is merged into a court order, remedies may be pursued as though the agreement is a regular judgment

If the agreement is not merged, a civil action for breach of K is required in order to pursue remedies

Question 8

What jurisdiction is required to grant a divorce?

Answer 8

Personal jurisdiction over one of the parties

Requires living in MI 180 days and in the county 10 days immediately before the filing of complaint

Question 9

What jurisdiction is rquired to divide property and award spousal support?

Answer 9

Personal JX over both parties, unless the property is located w/in the state

Question 10

What is the definition of marital property?

Answer 10

“property accumulated as a result of one or both of the parties’ contributions or efforts during the marriage” that is subject to “fair and equitable division”

Question 11

Standard for compensating a non-student spouse for other spouse’s professional license and degree

Answer 11

Non-student compensated for the services he or she provided during school when “degree is end product of a concerted family effort involving sacrifice and effort from both spouses”

Question 12

What is the purpose of spousal support?

Answer 12

To ensure an adequate income stream for the economically dependent party

Question 13

When may a spousal support order be modified?

Answer 13

Unless judgment provides it is unmodifiable, can be modified if the party seeking modification can prove a change in circumstances that (i) arises after the divorce and (ii) was not foreseeable

If it is unmodifiable, it can only be modified upon showing of fraud or something else extreme