Marriage & Pre-Marital Agreements

Question 1

Common Law Marriage (CACCH)

Answer 1

To Establish a common law marriage, the proponent must show, capacity to enter into a marital contract, a present agreement that shows consent to be married, cohabitation, and holding out a marital relationship (to the public).

Question 2

Recognition of Marriage Between States

Answer 2

If Valid under the law of the place in which it was contracted, it will be valid elsewhere (full faith & credit) unless violates a strong public policy of the state that has the most significant relationship to the spouses & marriage

Question 3

Cohabitation Agreements - enforceable?

Answer 3

Yes. Contracts between cohabitants will be enforced if sexual relations are not the only consideration for the contract.

Question 4

Requirements for Valid Marriage

Answer 4

• License
• Ceremony w/ authorized officiant
• Capacity (understand actions & voluntarily agree to them)
• No Legal Impediment to marriage (bigamy, being too closely related)

Question 5

Pre-Marital Agreement Requirements to be enforceable

Answer 5

Governed by the UPAA (Uniform Pre-Marital Agreement Act) - must be:

IVFs

• In writing
• Voluntarily Made
• Full/Fair disclosure of parties’ assets (usually fine if just party who agreement is being forced against had independent knowledge)
• Substantively Fair

(entry into marriage = sufficient consideration)

Question 6

Child Custody Provisions in Marital Agreements

Answer 6

Court not bound by child custody provisions in PMA, will determine issues based on BIOC