Marriage

Question 1

A promise to marry sounds in:

Answer 1

• Contract
• Georgia is in the minority in allowing a suit for a breach of a promise to marry

Question 2

Damages for a breach of a promise to marry include:

Answer 2

• actual damages –> special damages
• damages for emotional distress –> general damages)

Question 3

Gifts in contemplation of marriage:

Answer 3

• are conditioned upon the subsequent ceremonial marriage taking place
• must be returned if the marriage does NOT take place

Factors

• type of property given
• fraud
• conditions attahced to the gift
• intent of the donor

Question 4

Limitations on an individual’s ability to marry:

Answer 4

Age

• minimum age 18
• 16-17 yr olds may marry 1) w/ parental consent; or 2) emanicpation from parents

Consanguinity

• parents–children/stepchildren
• grandparents–grandchildren
• siblings
• uncles–nieces
• aunts–nephews
• (cousins ok)

Same Sex Couples

Mental Capacity

• comprehend the marital ceremony
• voluntarily agree to marriage ceremony

Physical Capacity

• both parties must possess capability for sexual intercourse

Bigamy/Poligamy

Question 5

Procedural steps in marrying:

Answer 5

License

Solemnization

• conducted by a judge, minister, or person of any religious sect who is authorized by his act to conduct marriages
• (validity of the marriage is not dependent in the authority of the person solemnizing the ceremony)

Marriage ceremony

• common law marriages abolished effective 1/1/97
• Full Faith and Credit to sister states common law marriages

Physical Presence

• both parties must physically sign the marriage license

Consummation

• officiant signs the marriage license

State of Mind

• capacity to understand one’s actions and agree to them
• intent: of one’s free will and not the product of duress, fraud, or coercion

Question 6

Define marriage articles:

Answer 6

Pre-marital contracts between two parties that are contingent upon the marriage

• may be oral or written
• not invalid due to an improper form
• must have two witnesses
• liberally construed unless contemplate divorce
• Georgia lies in the minority in enforcing

Question 7

Principles governing marital contracts

Answer 7

General contract principles apply

• Entry into the marriage is sufficient consideration
• Good faith: 1) full disclosure; 2) voluntarily entered into the agreement; 3) fairness to both parties
• no undue influence
• must be recorded to affect third parties
• may not be unconscionable–against good morals because of a fraudulent advantage to the other party
• provisions concerning child custody will not be enforced

Question 8

Property Rights in the marriage

Answer 8

• Spouses take as tenants in common
• Tenancy by the entirety has been abolished

Question 9

Interference with the Marriage Relationship

Answer 9

• Georgia does NOT recognize criminal conversation** or **alienation of affection
• Goes DOES recognize loss of consortium due to neglience of a third party

Question 10

Interspousal Immunity

Answer 10

• Georgia allows a limited interspousal immunity
• Georgia courts will waive immunity where the traditional policy reasons for the immunity are not present (e.g., marital harmony; avoidance of collusion)
• Immunity is disallowed in wrongful death actions–Equal Protection Clause concerns

Question 11

Duty of Support

Answer 11

• spouses owe each other reciprocal duties of support
• each spouse is liable to third parties for necessaries purchased by the other spouse