prenups, marriage, annulment

Question 1

list (5)

prenups are valid if

Answer 1

1. K is in writing and signed
2. Agreement must be entered into voluntarily so no fraud, duress, overreaching
3. full and fair disclosure of parties assets - OR - party had independent knowledge of the assets
4. examine if prenup unconscionable
5. some cts consider if provisions are fair and reasonable

Question 2

prenups valid if marriage void?

Answer 2

only to extent necessary to avoid inequitable result

Question 3

list (2)

legal impediments to marriage

IOW: in what situation is a marriage not allowed

Answer 3

1. Consanguinity - too closely related
2. Bigamy - prior marriage not dissolved

Question 4

list (4)

requirements for marriage

Answer 4

1. license
2. ceremony with authorized officiant
3. no legal impediments
4. capacity

Question 5

list (3)

CL marriage

Answer 5

1. parties hold themselves out to public as married
2. cohabitate
3. the have the necessary consent to marry

abolished in most states → if formed in one state, valid in state where it is abolished

Question 6

doctrine of necessaries

Answer 6

imposes liability on both spouses for debts incurred by one spouse if those debts were acquired for the purpose of providing necessaries for the family (and the spouse who incurred the debt is unable to pay for them)

necessary expenses like food, clothing, and health care

Question 7

list (3)

tortious interference with marriage

Answer 7

1. alienation of affection - adultery not required
2. criminal conversation - one spouse has sexual relations with 3rd party
3. loss of consortium thru negligent interference or services

Question 8

list (6)

DPC outlines right to privacy as a fund’l right which relates back to a lot of rights related to family law

Answer 8

rights to

1. marry
2. procreate
3. contraception
4. live together when related
5. right of parents to educate their kids outside of public school ie homeschool
6. right of parents to decide custody, care, control of their children

Question 9

annulment

Answer 9

marriage invalid because of some defect that exist at time of marriage

Question 10

void marriage

Answer 10

invalid marriage because it fails to meet essential requirements for legal marriage

cannot be ratified by subsequent acts…although under UMDA some states say that if impediment voiding marriage is removed (ie 2nd spouse dies so no more bigamy) + parties cohabitate marriage can become valid

Question 11

list (2)

void marriage scenarios

Answer 11

1. bigamy
2. consanguinity

Question 12

voidable marriage

Answer 12

marriage that is valid until declared annulled

one of spouses can bring action to annul marriage, sometimes only spouse harmed

Question 13

void vs voidable

Answer 13

marriages that are voidable CAN be ratified by continued habitation after removal of impediment

ratification means marriage cannot be annulled

Question 14

list (5)

issues making marriage voidable

Answer 14

1. nonage - spouse under statutory age without required consent
   
   1. ratify by: staying in marriage past statutory age
2. incurable ability to have normal sex
3. lack of capacity
4. duress
5. fraud

Question 15

effect of annulment

Answer 15

as if marriage never existed

Question 16

children of an annulled marriage

Answer 16

considered marital children

Question 17

spousal support for annuled marriages

Answer 17

generally none