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11 Cards in this Set
- Front
- Back
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General stipulations regarding marriage
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1. lack of consanguinity
2. minimum age requirements (usually 18) 3. health standards (blood test) 4. mental capacity at the time of marriage 5. No preexistinbg marriages 6. Mutual consent 7. Gender stipulations 8. |
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What was a miscengenation statute? Which court case overturned it?
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Prevented people from marrying across racial lines. Overturned by Loving v. Virginia
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What are some of the restrictions regarding marriage?
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You have to be a minimum age, have appropriate mental capacity, can't be a relative, can't already be married
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Formalities (regarding marriage)
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Formalities are things you need to do to be formally married. For example, you may have to get a blood test or getting marriage license or upholding a waiting period. Not doing it could get you into trouble but maybe not invalidate the marriage.
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What are different types of marriages?
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Ceremonial marriage
Common law - not all states; can cause problems when moving to a different state Putative - one of the parties married without knowledge that there was some legal impediment to the marriage Proxy marriage |
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What is a heart-balm action?
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if you're engaged and change your mind, you can sue in almost half the states in the US
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What are some contracts related to marriage?
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Prenups
Cohabitation Agreements Legal separation |
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What is the Uniform Prenuptial Agreement Act?
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it allows parties to contract concerning property, children, spousal support, ownerships rights upon death, etc.
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What are the stipulations for a prenuptial agreement to be enforced?
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1. has to be in writing
2. made after full disclosure of each party of assets 3. is fair and reasonable |
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Why was Marvin v. Marvin important?
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Gave alimony (palimony) to a non-spouse
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What does a legal separation entail?
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It means they're living apart; you can get a court decree that divides property; establishes custody of children; and awards support
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