matters that precede marriage

Question 1

prenup

Answer 1

a contract entered into by engaged ppl to deal with economic issues if marriage fails

statute of frauds applies to prenups–in writing and signed by both parties

oral agreement may be recognized if there is detrimental reliance and at least partial performance

Question 2

Unifrom premarital agreement: 2 grounds for challenging prenup

Answer 2

not voluntary-duress
unconsciounability

Question 3

duress-prenup

Answer 3

unreasonable tiem pressure (presenting a 36 page agreement on the morning of the wedding)

surprise

equal or unequal degrees of economic sophistication

legal rep or lack thereof (esp if one did and one did not)

Question 4

unconscionability

Answer 4

measured at time of execution not at the time of divorce (so if you are equal at time of execution then one spouse becomes a billionare)

Question 5

If prenup is unfair/unconscionable the challenger must show lack of:

Answer 5

economic disclosure which usually involves showing ALL three of the following:

-no disclosure (didn’t disclose assets)

-no independent knowledge of party’s wealth

-no waiver (contesting party didnt waive the righ to disclose)

Question 6

Getting married requirements

Answer 6

1. license: issued by clerk of court and good for 60 days
2. ceremony: officiant and promises exchanged

Question 7

curative statute

Answer 7

this provides that any defect in the license or the officiants lack of authority doesnt affect the validity of the marriages as long as you acted in good faith