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14 Cards in this Set
- Front
- Back
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breach of promise to marry |
"heart balm" tort: 9 states recognize this tort (HI, IL, MS, NH, NM, NC, SC, SD, and UT). Typically viewed as a risky venture, which means that the courts generally choose to stay out of these situations. breach of (oral) contract: for example, Spacki v. Pederson in NY. FL prohibits any tort remedies for wedding cancellation! |
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engagement rings |
Considered gifts for legal purposes: (1) donor had intent of gift; (2) donor delivered it; and (3) donee accepted it as a gift. Most states: conditional, not absolute, gift. Party at fault is not entitled to restitution or to keep the ring. Burden of proof rests on the party challenging the assertion that the ring is an engagement ring. They must prove it was NOT an engagement ring. |
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prenuptial agreements criteria |
enforceable if:(1) only contain property division and support(2) no clauses regarding the "essentials" of marriage --> children; sexual relations; etc. |
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purpose of prenuptial agreements |
to protect the richer spouse's property and assets from any claims the poorer spouse may have in virtue of their marriage status upon divorce. |
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prenuptial agreements - accomplishments |
1. alter/limit property rights and support obligations at divorce; 2. ensure separate of assets; 3. ensure assets are not divided in equal shares upon divorce. |
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prenuptial requirements (general) |
1. disclosure (all states) 2. consent (all states) 3. unconscionability (some states) |
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prenuptial requirements - disclosure |
Some states require full/detailed disclosure or a written waiver & adequate knowledge; others require a fair and reasonable disclosure or independent knowledge of spouse's wealth. |
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prenuptial requirements - consent |
no fraud, duress, coercion involved; mental capacity; independent counsel; understanding of the agreement; adequate time to review the agreement. |
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prenuptial requirements - unconscionability |
some states, including FL, require that the prenuptial agreement is not unconscionable. |
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prenuptial agreements - unenforceable provisions |
child custody; child support; religion; divorce waivers |
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prenup agreements - enforceable provisions |
confidentiality clauses; infidelity clauses (providing damages for adultery); "trial marriage" clauses, which give more money depending on when a divorce occurs. |
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prenup agreements - revocation |
sec. 5 UPAA requires a written agreement to revoke the initial agreement. |
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prenup agreements - Catholic Church |
Cannot draft a prenup agreement that contemplates divorce; however, one that only deals with property division or protection of assets UPON DEATH may be permissible. |
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Alternatives to prenuptial agreements |
Wills; estate planning; trusts ADR upon divorce Domestic asset protection trusts |
