Marriage - the Contract Flashcards

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1
Q

What is the consideration for a marriage contract?

A

Entering the marriage itself

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2
Q

Who may get married according to FL Statute?

A

In FL, marriage is defined as between a man and a woman

- same sex marriage is not allowed

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3
Q

What jurisdiction does FL use regarding conditional gifts in contemplation of marriage?

A

FL is a no fault jurisdiction - the gift goes back to the donor no matter who is at fault for failure of the marriage

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4
Q

How could a PMA be found invalid?

A

if it was:

  • made in contemplation of divorce;
  • not voluntary;
  • unconscionable @ time of agreement.
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5
Q

Do prisoners have the right to marry?

A

Yes, unless on death row or in prison for life.

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6
Q

What are the requirements of a PMA?

A

The PMA must be:

  • in writing;
  • signed by the parties;
  • in contemplation of marriage;
  • effective upon marriage.
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7
Q

May a party waive alimony in a PMA?

A

Yes, for additional consideration - the Court may still order alimony if spouse is likely to become a ward of the State or on public assistance without it.

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8
Q

Can a PMA be amended or abandoned?

A

Yes, but only if done/signed by both parties.

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9
Q

Must the parties disclose their property/finances in their PMA?

A

Yes, the parties must be given fair & full disclosure in the PMA.

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10
Q

Can a PMA include terms affecting child support or custody?

A

FL does not allow PMAs to negatively affect child support or custody - agreements to waive child support are void.

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11
Q

What type of alimony is not waivable in a PMA?

A

Temporary alimony / pendente lite.

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12
Q

Do postnuptial agreements have to be in writing?

A

No, unless the subject matter falls within the Statute of Frauds.

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13
Q

Who decides if a PMA is unconscionable?

A

The Court shall decide as a matter of law.

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14
Q

May the Court modify PMAs?

A

Agreements on alimony and child support are modifiable by the Court, but agreements on property rights are generally binding and cannot be modified.

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15
Q

What factors does a Court consider in determining whether a PMA was voluntary?

A

(i) time & place the agreement was presented;
(ii) opportunity to seek counsel;
(iii) statements made during presentation of the PMA.

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