Pre-Marriage Issues

Question 1

The Heart Balm Action

Answer 1

In C/L, a heartbalm tort is a civil action that a person may bring to seek monetary compensation for the end or disruption of a romantic or marital relationship

Question 2

Types of Heart Balm Actions

Answer 2

• alienation of affections
• breach of promise to marry
• seduction
• criminal conversation (tort action for adultery)

Question 3

Heart Balm Statute(s)

Answer 3

Heart balm statutes were enacted to legislature or judicial decisions to abrogate heart balm cause(s) of action

Question 4

Alienation of Affections

Answer 4

A tort claim for willful or malicious interference with a marriage by a 3P w/out justification or excuse.
Elements:
(1) Wrongful conduct by the D with the P’s spouse,
(2) The loss of affection or the loss of consortium of the P’s spouse, and
(3) A causal relationship b/w the D’s conduct and the loss of consortium - D’s acts were the controlling cause/outweighed combined effect of all other causes.
Damages proportionate to loss - take into consideration duration and quality of marriage.
* preponderance of the evidence standard

Question 5

Criminal Conversation

Answer 5

1. A tort action for adultery brought by a Husband against a 3P who engaged in sexual intercourse with his wife
2. Adultery considered as a tort, giving rise to a claim brought by a spouse against a 3P who has engaged in sexual intercourse with the other spouse.
   * Criminal Conversation has been abolished in most JXs

Question 6

McGrath v. Dockendorf 793 SE 2d 336 (Va. 2016)

Answer 6

Issue: Does the heartbalm statute bar recovery of the engagement ring when the giver broke off the engagement?
Rule: The engagement ring was a conditional gift, conditioned on the couple getting married. K law applies.
Analysis: Because the marriage never happened, the condition was not met and the engagement ring is required to be returned. The heart balm statute does not bar the recovery of the engagement ring.
Conclusion: The judgment was affirmed; the ring was given in contemplation of marriage and shall be returned.

Question 7

A detinue action to recover specific personal property and damages for its detention

Answer 7

Elements:

(1) The P must have property rights in the thing sought to be recovered
(2) Must have the right to immediate possession
(3) Property must be capable of identification
(4) Property must be of some value
(5) The D must have had possession at some time prior to the institution of the action

Question 8

Prenuptial Agreements

Answer 8

Agreements made prior to a marriage that specify how certain matters will be handled in the event that the couple divorces, including property division and spousal support.

Prenuptials do not specify religious training or custody of children.

Question 9

Ware v. Ware 687 SE 2d 382 (W. Va. 2009)

Answer 9

Issue: Does the prenup cover the wife’s interest in after acquired property?
Rule: Prenups are presumptively valid. When both parties are not represented by counsel, the burden is on the party seeking enforcement.
A: Here, the Wife was not afforded independent counsel
C: the prenup was invalid and the wife has an equitable interest in the husband’s after acquired businesses

Question 10

Elgar v. Elgar 679 A2d 937 (Conn. 1996)

Answer 10

Issue: Is the choice of law in the antenuptial agreement enforceable after the death of the Husband?
Rule: The chosen state must have a substantial relationship to the parties or the transaction and there is no other reasonable basis for the parties’ choice. The application of law would not be contrary to a state that has a materially greater interest.
A: Here, the parties had substantial contacts in NY to warrant the choice of law in NY. NY’s material interest was more substantial than that of Connecticut.
C: NY choice of law for antenuptial agreement was valid and enforceable.

Question 11

Requirements of a prenup or antenup

Answer 11

• full disclosure of assets (some states allow a waiver in writing and voluntary)
• made without coercion or duress
• threats of cancellation of wedding insufficient, but when combined with other facts could = unconscionable, overreaching, or duress

Question 12

Sailer v. Sailer 2009 ND 73, 764 NW 2d 445 (ND 2009)

Answer 12

Issue: When the effect of a prenup is unconscionable, is the prenup invalid as a matter of law?
Rule: UPAA - premarital agreements maybe deemed unenforceable if unconscionable at the time of execution, time of separation, marital dissolution, or enforcement. A prenup is not unconscionable if the effect leaves a party in poor state. Supporting the family with income does not waive the provision of the prenup that all assets derived from income are property of the party with the income
A: Here, the court disagreed b/c the Wife was not eligible for welfare at the time of trial b/c custody was given to the Husband. The court noted the Wife had ample time to get independent counsel to review the prenup for her.
C: The prenup was found to be valid.

Question 13

Sharp v. Roskelley 818 P2d (Utah 1991)

Answer 13

issue: was SJ proper for alienation of affection and criminal conversation?
Rule: The standard of proof is the D’s acts constituted the “controlling cause” of the alienation of affections. Criminal Conversation is abrogated
A: the P should be allowed to provide evidence re: alienation of affection and pursue discovery pertaining to D’s finances
C: SJ on alienation of affection was reversed and remanded for further proceedings to allow for evidence and discovery