Matters Preceding Marriage and Marriage

Question 1

Tips for exam

Answer 1

1. most rules are list of factors for judge
2. last factor is everything else court deems appropriate
3. so, it’s hard to get the answer wrong

Question 2

Prenuptual Agreement

Answer 2

1. Def: contract in contemplation of marriage
2. Generally deal with economic mater in the event the marriage should fail

Question 3

3 ways to challenge a prenup

Answer 3

1. SoF
2. Uniform Premarital Agreements Act Challenges
   
   1. Agreement not voluntary
   2. Agreement unconscionable

Question 4

Prenup SoF Challenge

Answer 4

1. Prenups have to be in writing due to SoF and b/c they’re likely not to be satisfied within a year
   
   1. Virginia ct ONE did uphold an oral prenup

Question 5

Voluntariness Challenge

(Uniform Premarital Agreements Act)

Answer 5

1. Agreement not voluntary (duress)
   
   1. Could be physical coercion
   2. most likely time pressure or surprise at some late point before the marriage
   3. Possible that one party less economically sophisticated than the other,
   4. Injured party not represented by counsel
      
      1. Hard to prove unvoluntary if the injured party did have counsel

Question 6

Unconscionability Challenge (Uniform Premarital Agreements Act)

Answer 6

1. 2 aspects:
   
   1. unconsionability is measured at the time of execution, NOT divorce
   2. even if agreement was unfair at the time of execution, challenger must show lack of economic disclosure.
      
      1. Must prove that spouse didn’t disclose it, challenger did not find out some other way, and that the challenger didn’t waive economic disclosure.

Question 7

Modifying prenups in VA

Answer 7

1. prenup can be modified after marriage.
2. if agreed to in writing, amendment will be enforceable

Question 8

How to get married in VA (likely not on exam)

Answer 8

1. Need a license
2. Need a ceremony

Question 9

Marraige License Requirement

Answer 9

1. license=capacity
   
   1. opportunity for the state to deny license that would not be valid
2. some capacity is the same as contractual capacity and others are specific to marriage
3. Virginia has no blood test requirement
4. Must be w/i 60 days of ceremony
5. Court clerk gives licenses

Question 10

Ceremony Requirement

Answer 10

1. need an officiant
   
   1. member of the clergy
   2. a judge/other official appointed by a local district court
2. Need exchange of promises
   
   1. need not be any particular form or words

Question 11

Virginia Curative Statute

Answer 11

• any defect in the license or lack of officiant authority does not affect the validity of the marriage if you acted in good faith

Question 12

Common Law Marriage in VA

Answer 12

1. Virginia does not have common law marriage, but it’s portable.
   
   1. if a couple has a common law marriage elsewhere, it’s valid in Virginia