I. Getting married

Question 1

Marriage in general

Answer 1

Creation of status of H and W, wi accompanying obligations and liabilties.

Question 2

Breach of promise to marry

Answer 2

1. Action for breach of promise to marry abolished in many states
2. engagement gifts - must be returned if marriage does not take place

Question 3

Who may marry

Answer 3

In general, to get married, parties must:

1. be a mimimum age
2. not too closely related
3. have capacity to consent
4. not have prior undissolved marriage to living spouse

Question 4

Procedure

Answer 4

1. License - most state require license prior to solemnization. Many states allow waitiing period up to 72 hrs bf issued.
2. Solemnization - marriage may be solemized by ceremony peformed by judicial officer/clergy

Question 5

CL marriage

Answer 5

Valid CL marriage require:

1. an exchange of consent btwn two ppl w capacity
2. cohabitation
3. holding out publicly as H and W

• CL has been abolished in many states. But a valid CL marriage will be valid in states that do not recognize CL marriage

Question 6

Premarital K

Answer 6

For Premarital K to be enforceable, most Cts require:

1. agreement must be entered into voluntarily
2. K must be in writing and signed by party to be charged
3. both parties make full and fair disclosure of financial worth
4. econmic provisions must be fair and reasonable

• independent counsel - not required but Ct will find less likely overreaching and refuse enforcement
• if void marriage, pre-K enforceable only to the extent necessary to avoid inequitable result