The Marriage Lifecycle

Question 1

Which of the following is NOT a ground for annulment?

A. Marriage is irretrievably broken
B. A prior existing marriage at the time the marriage is entered into
C. Incest between the parties
D. The mental incapacity of a party

Answer 1

A. Marriage is irretrievably broken

Question 2

FILL IN THE BLANKS. ___________can challenge a ________________marriage. A court judgment is ______________.

A. Any interested party; void; unnecessary
B. Only a spouse; void; unnecessary
C. Any interested party; voidable; necessary
D. Only a spouse; voidable; unnecessary

Answer 2

A. Any interested party; void; unnecessary

Question 3

Which of the following is FALSE regarding annulment?

A. There is equitable distribution of property.
B. Children of the annulled marriage are considered illegitimate children.
C. A party to an annulled marriage can seek spousal support.
D. The impediment must have existed at the onset of the marriage.

Answer 3

B. Children of the annulled marriage are considered illegitimate children.

Question 4

Which of the following is FALSE regarding divorce?

A. Divorce is a legal dissolution of marriage.
B. Most states have a residency requirement in order to grant a divorce.
C. Only a minority of states recognize no-fault divorce.
D. A spouse can obtain a no-fault divorce even if the other spouse desires to reconcile.

Answer 4

C. Only a minority of states recognize no-fault divorce.

Question 5

Which of the following is NOT a ground for fault-based divorce?

A. Abandonment
B. Adultery
C. Bigamy
D. Marriage is irretrievably broken

Answer 5

D. Marriage is irretrievably broken

Question 6

Which of the following is NOT a defense to fault-based divorce?

A. Desire to reconcile
B. Unclean hands
C. Justification
D. Condonation

Answer 6

A. Desire to reconcile

Question 7

Which of the following statements regarding a ceremonial marriage is FALSE?

A. The parties must agree to be married.
B. Most states do not recognize marriage between same-sex couples.
C. In most states, solemnization of the marriage must be witnessed by two persons.
D. Many states impose a waiting period between the date of the marriage license and the date of the marriage ceremony.

Answer 7

B. Most states do not recognize marriage between same-sex couples.

Question 8

Which of the following would most likely be non-marital property?

A. A gift received by one spouse during the marriage
B. Proceeds from a lawsuit in which the cause of action arose during the marriage
C. Stock options, acquired as part of the employee spouse’s compensation package
D. Property that was acquired by the fruits of labor of one spouse during the marriage

Answer 8

A. A gift received by one spouse during the marriage

Question 9

Which of the following statements is TRUE regarding property distribution?

A. The objective of the equitable distribution system is to divide assets in half between each party.
B. The increase in value of separate property resulting from either spouse’s efforts is marital property.
C. Title to the property determines whether the property is marital or separate property.
D. The definition of marital property is narrow and relates mainly to real property.

Answer 9

B. The increase in value of separate property resulting from either spouse’s efforts is marital property.

Question 10

Which of the following is NOT a factor that most courts consider in distributing marital property?

A. Overall health of the parties
B. Standard of living of the parties
C. Length of the marriage
D. Marital fault

Answer 10

D. Marital fault

Question 11

Which of the following is considered marital property in the majority of jurisdictions?

A. Professional licenses and education
B. Possible future inheritance
C. A business started during the marriage
D. Social security benefits

Answer 11

C. A business started during the marriage

Question 12

What is the name of the agreement made between spouses who are planning for divorce, and what happens to this agreement upon divorce?

Answer 12

Separation agreements are made between spouses planning for divorce. They are generally merged into the final judgment for divorce, as long as they are based on full and fair disclosure.

Question 13

What are the requirements for a marital agreement to be enforceable?

Answer 13

1. Full disclosure
2. Fair and reasonable
3. Voluntary
4. In writing
5. Signed by the party to be charged

Question 14

What is the most important requirement for a marital contract?

Answer 14

Full disclosure. Absent full disclosure, a court will generally refuse to enforce it.

The current trend is for courts to enforce marital agreements that may not be fair as long as there has been full disclosure.

Question 15

While property division clauses are enforceable in a premarital agreement, what clauses are generally unenforceable?

Answer 15

Clauses relating to child custody and support in a premarital agreement are unenforceable.

Question 16

Regarding premarital agreements, what choice-of-law approach do most states use in deciding which state’s law will govern enforcement?

Answer 16

The significant relationship test. Most states apply the law of the state with the most significant relationship to the agreement and the subsequent marriage.

Some states apply the law of the state where the agreement was executed.

Question 17

Regarding premarital agreements, what choice-of-law approach do most states use in deciding which state’s law will govern enforcement?

Answer 17

The significant relationship test. Most states apply the law of the state with the most significant relationship to the agreement and the subsequent marriage.

Some states apply the law of the state where the agreement was executed.

Question 18

Why might a court set aside a valid agreement that has been voluntarily executed and meets the test for reasonableness, fairness, and full disclosure?

Answer 18

If its result winds up leaving one spouse woefully impoverished to the extent that he or she becomes dependent on the state

Question 19

How may a court provide for equitable distribution of property between unmarried cohabitants when there is no express contract between the parties?

Answer 19

A court will generally provide equitable distribution based on a resulting trust, constructive trust, or quantum meruit theory to avoid unjust enrichment.

Question 20

Under the UPAA, what must someone prove in order to invalidate a marital agreement?

Answer 20

1. Involuntariness; or
2. The agreement was unconscionable when executed, the party did not receive fair and reasonable disclosure, and the party did not have adequate knowledge of the other’s assets and obligations