Matters Preceding Marriage and Marriage Flashcards
A contract that you enter into before marriage is called a . . .
Premarriage/prenuptial agreement
Most common reason for entering into a prenup is for . . .
Contingency planning
What topical restriction on the prenup?
None
Harry and Wanda are not married. They enter a prenup. They marry. They divorce. W challenges the validity of the prenup at the time of the divorce. H defends the k. What does W have to show to challenge successfully? i.e., what grounds for throwing out a prenup? (2, with the second having +3)
Show contract was not voluntary; OR
No financial disclosure by H; no waiver of disclosure by W; no independent knowledge of W of H’s wealth.
If one party is not represented by counsel, is that enough to question whether a prenup was “voluntary”?
Yes
In PA, is a threat to call off the wedding if the other party does not sign a prenup enough to question that k was voluntary?
No
Any provisions in a prenup relating to children are/aren’t subject to judicial review.
Are – always are.
What are the two ceremonial marriage requirements?
Must have a license
Must have a cermony
Three components to a valid marriage ceremony?
Need an officiant
Need a witness
Need an exchange of (solemn) promises
An exchange of promises is merely required to be _______.
Serious
Common law marriage was abolished in PA as of . . .
2005
