Matters That Precede Marriage

Question 1

What is a contract in contemplation of marriage?

Answer 1

Prenuptial agreement–these are enforceable without consideration and become effective upon marriage
* Must be in writing and signed to comply with SOF

Question 2

How to Challenge Prenup in Virginia

Answer 2

(1) Not voluntary on grounds of durress
* Look for unreasonable time pressure, surprise, degree of economic sophistication, education, or exerpeince, and whether both parties had legal counsel

(2) Unconscionability
* Measured at time of execution
* Must show lack of economic disclosure, meaning (a) no disclosure; (b) no independent knowledge; and (c) no waiver

Question 3

How Can Prenups Be Modified?

Answer 3

In writing signed by both parties (no consideration necessary)

Question 4

Requirements for Ceremonial Marriage

Answer 4

(1) Licenses
* Issued by clerk of court and valid for 60 days

(2) Ceremony, which requires (a) officiant and (b) promises

Question 5

What is the “curative statute” and what effect does it have on marriage?

Answer 5

Any defect in the license or officiant’s lack of authority doesn’t affect validity of marriage as long as you acted in good faith

Question 6

Common Law Marriage Recognition in VA

Answer 6

VA does not recognize, but will recognize common law marriage entered into in another state if valid