Getting Married

Question 1

How are engagement rings categorized?

Answer 1

In most states, they are automatically categorized as gifts given in contemplation of marriage

Question 2

Are givers of engagement rings entitled to the return of the ring?

Answer 2

Yes, usually

Question 3

When are engagement rings not subject to return?

Answer 3

(1) The giver intended the gift to be irrevocable
(2) When the state uses a fault approach and the recipient of the ring was not at fault for the cancellation of the marriage

Question 4

What are the four basic requirements for someone to get married?

Answer 4

(1) Two persons
(2) Meeting a minimum age requirement
(3) Not closely related to one another
(4) Not currently married to another person

Question 5

What are the two procedural requirements for marriage?

Answer 5

(1) License
(2) Solemnization

Question 6

Does a lack of sufficient solemnization invalidate a marriage?

Answer 6

No, unless the reason for the lack of solemnization was because the parties didn’t want to marry

Question 7

State of mind requirements for marriage?

Answer 7

(1) Capacity
(2) Intent to marry without fraud, duress, or coercion

Question 8

What are the three requirements for a common law marriage?

Answer 8

(1) Present agreement to be married
(2) Holding out as married
(3) Lives together

Question 9

What is the Putative Marriage Doctrine?

Answer 9

It allows courts to provide equitable relief to a person who enters into a marriage in good faith believing the marriage to be valid, but the marriage turns out to be invalid

Question 10

When can a putative marriage become a valid marriage?

Answer 10

When the encumbrance to the marriage is removed

Question 11

What rights can a putative spouse take?

Answer 11

The rights of a legal spouse when it comes to things like alimony and property rights, but cannot take the rights of the preexisting legal spouse (if the encumbrance is a prior valid marriage)

Question 12

What are the six requirements for a valid premarital contract?

Answer 12

(1) Contract formalities are met
(2) Capacity
(3) Voluntary
(4) Adequate disclosure
(5) Fair and reasonable
(6) No violation of public policy

Question 13

Must premarital contracts meet the statute of frauds?

Answer 13

Yes. Termination and modification must also be in writing and meet the SoF

Question 14

What is the consideration for a premarital contract?

Answer 14

Marriage itself is the consideration

Question 15

what constitutes adequate disclosure for a premarital contract?

Answer 15

Disclosure of the income, assets, and liabilities of each party

Question 16

Can adequate disclosures be waived?

Answer 16

Yes

Question 17

When will an unfair premarital contract be enforced?

Answer 17

When there was adequate disclosure

Question 18

What type of premarital contract provisions violate public policy?

Answer 18

(1) Dictating child support and custody
(2) Modifying or eliminating spousal support
(3) Provisions mandating divorce upon the occurrence of a specific event
(4) Provisions limiting the remedies available to a victim of DV

Question 19

What is an alienation of affection claim?

Answer 19

Allows a spouse to recover against a third party who interferes with a marriage

Question 20

What are the elements of an alien of affection claim?

Answer 20

(1) Existence of a valid marriage with genuine love and affection
(2) Destruction of love and affection
(3) Destruction caused by overt actions of the third party
(4) Actual damages