Marriage - the Contract Flashcards
What is the consideration for a marriage contract?
Entering the marriage itself
Who may get married according to FL Statute?
In FL, marriage is defined as between a man and a woman
- same sex marriage is not allowed
What jurisdiction does FL use regarding conditional gifts in contemplation of marriage?
FL is a no fault jurisdiction - the gift goes back to the donor no matter who is at fault for failure of the marriage
How could a PMA be found invalid?
if it was:
- made in contemplation of divorce;
- not voluntary;
- unconscionable @ time of agreement.
Do prisoners have the right to marry?
Yes, unless on death row or in prison for life.
What are the requirements of a PMA?
The PMA must be:
- in writing;
- signed by the parties;
- in contemplation of marriage;
- effective upon marriage.
May a party waive alimony in a PMA?
Yes, for additional consideration - the Court may still order alimony if spouse is likely to become a ward of the State or on public assistance without it.
Can a PMA be amended or abandoned?
Yes, but only if done/signed by both parties.
Must the parties disclose their property/finances in their PMA?
Yes, the parties must be given fair & full disclosure in the PMA.
Can a PMA include terms affecting child support or custody?
FL does not allow PMAs to negatively affect child support or custody - agreements to waive child support are void.
What type of alimony is not waivable in a PMA?
Temporary alimony / pendente lite.
Do postnuptial agreements have to be in writing?
No, unless the subject matter falls within the Statute of Frauds.
Who decides if a PMA is unconscionable?
The Court shall decide as a matter of law.
May the Court modify PMAs?
Agreements on alimony and child support are modifiable by the Court, but agreements on property rights are generally binding and cannot be modified.
What factors does a Court consider in determining whether a PMA was voluntary?
(i) time & place the agreement was presented;
(ii) opportunity to seek counsel;
(iii) statements made during presentation of the PMA.
