Marriage Flashcards
Marriage
the legal union of two individuals
Limitations on Marriage
Age
Consanguinity
Capacity
Bigamy/Polygamy
Procedural Requirements to Marry
license
solemnization
filing w appropriate gov agency
State of Mind Requirements to Marry
Consent, evaluated by the parties’ capacity (drunk?) and intent to enter a marriage
Common Law Marriage
Consent to be in a permanent, exclusive relationship
Cohabitation
Holding out publicly as spouses
Recognition of CL Marriage
although largely abolished, a state must honor a valid CLM even if illegal under the law of that state, unless contrary to a strong public poicy
What is a premarital agreement
a k that provides for distribution of assets upon divorce or death
what consideration is needed for a premarital agreement
marriage itself is considered sufficient consideration to support the k
what is UPAA
provides rules as to what parties may include in a premarital k
adopted by most states
Can a premarital agreement be amended
yes by written agreement signed by both parties; no need for consideration to amend
requirements of a premarital agreement
writing that satisfies SOF
voluntariness (no fraud, duress, counsel, etc)
full & fair disclosure of financial worth
Can a premarital agreement include child custody provisions
no, won’t be binding
