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53 Cards in this Set

  • Front
  • Back
What are the history and the elements for breach of promise to marry?
Common law action
1. Contract
2. breach
3. damages
What isn't consideration for breach of promise to marry?
Specific performance (illegal) and a promise in consideration which would require a writing
What is consideration for breach of promise to marry?
The other party's promise to wed
and therefore this is outside of the statute of frauds
What is the legal definition of marriage?
the consensual relationship creating the status of husband and wife, the purpose of which is to produce children
What are the ceremonial aspects of marriage?
License: medical to give notice to the other person of disease or defect and it is procedural requirement and therefore can be waived and good faith is enough
What is the capacity requirement for the ceremonial aspect of marriage?
SANS: Sanity, Adult, not related, single. Also this is a public policy requirement and therefore cannot be waived
What is the solemnization requirement?
Procedural: waivable, good faith enough
Note: if there is an unauthorized celebrant (defrocked priest) it doesn't invalidate the marriage
Common law: what is the capacity requirement?
SANS: sanity, adult, not related, single
What words and acts must be exchanged?
1. Exchange of consents
2. Cohabitation
3. Holding out as married
Where and when is a marriage valid? also what is the exception?
when a marriage is valid in place of marriage it is valid everywhere.
Exception: Uniform marriage evasion act: Where you go out of state to avoid public policy, then marriage will not be recognized in the state you left to get married. (ex. living in Il, and you go to FL to marry your mom, and then come back to IL, Il will not recognize marriage)
What is the rule about giving gifts back?
Engagement ring must go back, everything else you get to keep
When is constitutional privacy granted in marriage/relationship situations?
Abortion (undue burden standard)
Education and control of kids
Related parties living together
When is constitutional privacy not a factor?
Unrelated parties living together
Education of self
Status of welfare
What is an annulment?
Judgment of invalidity of marriage where the impediment arose before the marriage. marriage never happened.
Is a decree nec'y for an annulment?
No, but useful for records tracing
What are the nonwaivable defects for an annulment?
Related (consanguinity) (includes legal relationships: adoption and in-laws)
Can an impediment to a marriage be removed?
yes, as in bigamy when one spouse dies
Are third party challenges allowed on nonwaiveable defects?
yes. For example: estate contest
What are the waivable reasons a marriage could be voidable?
Fraud going to essentials of marriage
Intoxication of either party
Nonage: married at 16 can waive marriage when turn 18
Lack of physical capacity: incurable impotence
Can a 3rd party challenge the waivable defects?
What is Divorce?
the dissolution of the marriage where the impediment occurred after the marriage
If jurisdiction is only In Rem what happens?
For this, only the P need be a domicillary, and can give notice through publication.
However, In rem does not allow any decisions to be reached on child custody or support matters
Must a divorce be given full faith and credit in other states?
Yes, always, even if an in rem proceeding.
What is a no fault divorce?
Irretrievable breakdown or irreconcilable difference with separation for statutory period
What the the advantages and disadvantages of a no fault divorce?
A: Less protracted, less expensive, less emotion
D: may not get as much money (support)
What are the bases for a fault divorce
Cruelty (mental, physical, attempted murder)
Desertion (more than one year without consent)
Drug addiction (more than 2 years)
Insanity (Note: in Il, insanity arising after the marriage is not grounds for a fault divorce)
Imprisonment (felony only)
Impotency (ability to neither copulate nor procreate
Venereal disease
What are the defenses to fault?
collusion (both lie about divorce grounds)
Connivance (active enticement)
Condonation (conditional forgiveness)
recrimination: both are guilty
Provocation (self defense)
Are ante-nuptial agreements ok?
Yes. This is a premarital K.
When is a ante-nup not ok?
When they violate public policy or give incentive to divorce
What is required for an ante-nup?
Must be in writing (SOF applies)
Must be consideration (found in the marriage)
Fraud vitiates validity (disclosure is required)
What are the economic aspects within the marriage?
Each spouse has duty to support the other
As to 3rd parties: each spouse is an independent actor (debts are their own)
EXCEPT: Family debts or family necessities
Are Ks formed with spouse after the marriage valid? (divorce agreement)
yes, absent fraud or duress, but must be in writing
Are the post marriage Ks modifiable?
No, except for child support
What happens if the divorcees can't decide how to split up their stuff?
Judge will issue a decree labeling and dividing property into marital property and non-marital property
What is marital property
Property obtained during the marriage, includes pensions and tort recoveries, but in IL does not include professional degrees
What factors does the court consider for equitable distribution?
Background of parties
Unilateral or bilateral sources of assets
Liability of parties
Longevity of marriage
Standard of living
Tax aspects
Is the distribution of property modifiable?
NO. exception: fraud
What is alimony?
Payment for needs of spouse that cannot support herself/himself
How do you determine the amount of alimony?
Standard of living
What are the types of alimony?
Permanent: where it needs to be continuing. Is modifiable with substantial change in circumstances (which cannot be self induced)
Rehabilitative: temporary. Payment to gain skills to enter workforce. Not modifiable
Lump sum/Reimbursement: Can be periodic as long as it is a finite amount
can you pay your alimony in vases?
no has to be in cash
How long is child support paid for?
until 18 or emancipated,
exception: child incapable of employment.
or desire and capacity for BA/BS
exception to second exception: unless there is financial hardship of parent
When did child support traditionally terminate?
At supporting parent's death
Has the traditional rule about when child support terminates changed?
Yes. Modified by full faith and credit child support act
When a woman is married, and she has little precious baby, who is the baby daddy?
Assumed to be husband, but this is rebuttable.
What does the Uniform Status of Children of Assisted Conception Act?
It basically says that if a husband consents, then he is the baby daddy.
So, this slut gets knocked up. Then she has this bastard. How can we find out who the daddy is?
Litigation. or acknowledgment by baby daddy.
What did we use to call the babies who were born to unwed mothers and what do we call them now?
Bastards, illegitimate, children born out of wedlock, Non-marital issue
What kind of constitutional protection do bastards get?
Intermediate equal protection, must be an important gov interest to pick on the poor little guys
is child support modifiable?
Yes. and you can refile in another state to make sure get it under the uniform interstate family support act
exceptions: Can't be self induced, can't be for past due
What is criminal conversion?
When you sue someone for having sex with your spouse
If you aren't legally married how do you get your stuff?
under Quasi K. look to benefit conferred, expectation, unjust to retain.
Ok. I want to get preggers. so i take this turkey baster. and some semen. Ummmm....who's the daddy?
anonymous sperm, no concerns as to who the daddy is.
Surrogacy: if daddy consents, then it is his, even if not his sperm (formal termination of surrogacies parental rights is required)
In Vitro: For hubby/wife combo, no probs.
Surrogacy, same as above
Frozen embryos: if they are fighting over them, then use balancing test: relative interests of the parties.