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Family Law > Getting Married > Flashcards

Flashcards in Getting Married Deck (13)
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1
Q

In states which recognize breach of a promise to marry, what kind of damages can be recovered?

A

actual and sometimes punitive damages

2
Q

What happens to gifts given to one’s intended spouse if the marriage does not occur?

A

the gift fails and is null

3
Q

Premarital agreements are also referred to as . . .

A

antenuptial agreements

4
Q

Premarital agreements address the rights of the parties in the event of what?

A

death or divorce

5
Q

When will a waiver of alimony be voided by a court?

A

when the waiving party would become a public charge if the alimony were not paid to them.

6
Q

What are the requirements for a valid prenuptial agreement?

A

it must be in writing, signed, be entered into voluntarily, and make a full disclosure of the assets of each spouse .

7
Q

What law governs a prenuptial agreement?

A

whatever state agreed to by the parties, the state with the most significant relationship to the parties, or the state where the agreement was entered into.

8
Q

What must be shown for a premarital agreement to be valid?

A

1) it must be entered into voluntarily; 2) must be written; 3) there must be a full and fair disclosure of the parties’ financial worth; and 4) the economic provisions of the contract must be fair and reasonable.

9
Q

Is independent counsel required for a premarital agreement?

A

no

10
Q

What is the effect of a void marriage on a premarital agreement?

A

the agreement is enforceable only to the extent necessary to prevent an inequitable result.

11
Q

A premarital agreement’s economic provisions must be . . .

A

fair and reasonable

12
Q

Whether a premarital agreement is unconscionable is determined when?

A

at the time the agreement is created, not when the agreement is trying to be enforced.

13
Q

Must a contract to divide property in marriage in a particular way be written?

A

no, it may be oral. This includes the exchanging of vows at the marital or commitment ceremony.