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Rivkin v. Postal, 2001 WL 1077952, No. M1999-01947-COA-R3-CV (Tenn. Ct. App. Sept. 14, 2001).
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1In states that allow lawsuits for breach of a promise to marry, what evidence is necessary to show the defendant’s intent to marry the plaintiff?
In states that allow lawsuits for breach of a promise to marry, what evidence is necessary to show the defendant’s intent to marry the plaintiff?2Under what circumstances is a gift conditional upon a marriage occurring?
Under what circumstances is a gift conditional upon a marriage occurring?3If a broken engagement results in a lawsuit for the return of a ring, what is the threshold question for determining whether the ring was actually ...
If a broken engagement results in a lawsuit for the return of a ring, what is the threshold question for determining whether the ring was actually an engagement ring?4What are the two approaches taken by state courts for determining whether an engagement ring must be returned in a broken-engagement case?
What are the two approaches taken by state courts for determining whether an engagement ring must be returned in a broken-engagement case?5From which provision of the United States Constitution is the fundamental right to marry derived?
From which provision of the United States Constitution is the fundamental right to marry derived?6Two men attempted to marry. The men were turned away from a court clerk’s office when they try to obtain a marriage license. The clerk told the men...
Two men attempted to marry. The men were turned away from a court clerk’s office when they try to obtain a marriage license. The clerk told the men they could not marry in the state, because they were both males. The clerk explained that the state had a defense-of-marriage statute that defined marriage as being between a man and a woman. Will the men succeed if they attempt to have the state’s defense-of-marriage statute invalidated?7What types of marriage regulations trigger only minimal (rational-basis) scrutiny if challenged as unconstitutional restrictions on the right to ma...
What types of marriage regulations trigger only minimal (rational-basis) scrutiny if challenged as unconstitutional restrictions on the right to marry?8Do incarcerated people have a fundamental right to marry?
Do incarcerated people have a fundamental right to marry?9A man and a woman were both incarcerated in a state prison, where they were both serving life sentences. Under the state’s law, prisoners serving l...
A man and a woman were both incarcerated in a state prison, where they were both serving life sentences. Under the state’s law, prisoners serving life sentences had no right to marry. These two prisoners were deeply in love and requested permission from the prison warden to get married. Both prisoners were adults, and neither had ever been married. The warden denied their marriage request, asserting that they had no legal right to marry. Is the warden correct that the prisoners have no legal right to marry?10May states forbid marriages based on degrees of consanguinity (i.e., blood relationship)?
May states forbid marriages based on degrees of consanguinity (i.e., blood relationship)?11Is it permissible for a state to require that individuals not be already married when entering into a marriage?
Is it permissible for a state to require that individuals not be already married when entering into a marriage?12May states allow minors to marry?
May states allow minors to marry?13What is a ceremonial marriage?
What is a ceremonial marriage?14May states require a couple to obtain a license before marrying in a ceremony and to have the license recorded following the ceremony?
May states require a couple to obtain a license before marrying in a ceremony and to have the license recorded following the ceremony?15If a couple marries without properly obtaining or recording a marriage license, may the state uphold the marriage?
If a couple marries without properly obtaining or recording a marriage license, may the state uphold the marriage?16What does it mean for a marriage to be solemnized?
What does it mean for a marriage to be solemnized?17What is a proxy marriage?
What is a proxy marriage?18May a state require that a marriage be solemnized to be recognized, even if the couple has a marriage license?
May a state require that a marriage be solemnized to be recognized, even if the couple has a marriage license?19A woman and a man, both adults, wanted to marry. The state required couples to obtain licenses, wait three days, and submit proof they were not rel...
A woman and a man, both adults, wanted to marry. The state required couples to obtain licenses, wait three days, and submit proof they were not related between certain degrees of consanguinity. The state also required that any marriage be solemnized before a third party who would sign the marriage license and submit a copy of the license to the local court clerk’s office. The man and woman did not complete any of these requirements, but they privately toasted with champagne to their “marriage” and declared themselves spouses. May the state refuse to recognize the man and woman as married?20If would-be spouses believe they have satisfied the procedural requirements for a marriage, but later discover some defect, are courts generally re...
If would-be spouses believe they have satisfied the procedural requirements for a marriage, but later discover some defect, are courts generally reluctant to annul the marriage?21If a marriage is valid where it was celebrated, is it valid everywhere the married couple may travel or live?
If a marriage is valid where it was celebrated, is it valid everywhere the married couple may travel or live?22What are marriage-evasion laws?
What are marriage-evasion laws?23Two adult men who were second cousins wanted to get married. A statute in their home state disallowed first or second cousins from marrying each ot...
Two adult men who were second cousins wanted to get married. A statute in their home state disallowed first or second cousins from marrying each other. The statute also provided that the state would deem void any marriage between state residents who traveled to another state to marry if that marriage would have been disallowed in the home state. The men traveled to another state that had no consanguinity restrictions on marriage. The men were legally married in the other state and returned to their life in their home state later that day. May the home state refuse to recognize the men as married spouses?24What is a void marriage?
What is a void marriage?25What is the difference between a void marriage and a voidable marriage?
What is the difference between a void marriage and a voidable marriage?26For a marriage to be valid, must both prospective spouses have the mental capacity to voluntarily enter into marriage?
For a marriage to be valid, must both prospective spouses have the mental capacity to voluntarily enter into marriage?27A man and woman had been in a romantic partnership for 10 years. The couple had talked about possibly getting married several times. The couple wen...
A man and woman had been in a romantic partnership for 10 years. The couple had talked about possibly getting married several times. The couple went to a casino in their hometown, where they each consumed a substantial amount of alcohol. That night, the man and woman got married at a wedding chapel in the casino. The man and woman were both extremely inebriated at the time. The state had a marriage statute requiring that neither party be legally intoxicated at the time of the marriage. Can the woman later have the marriage voided based on her state of mind?28A husband and wife got married. At the time of the wedding, the husband was a successful attorney, and the wife was a 23-year-old who lived in a gr...
A husband and wife got married. At the time of the wedding, the husband was a successful attorney, and the wife was a 23-year-old who lived in a group home for mentally challenged people. The wife had been declared mentally incapacitated by a state court the previous year, and the wife’s father was her legal guardian. Shortly after the wedding, the father discovered that the husband and wife were married. The state follows the Uniform Marriage and Divorce Act.May the father have the marriage invalidated?29If, at the time of the marriage solemnization, one spouse did not know that the other was physically incapable of consummating the marriage, may th...
If, at the time of the marriage solemnization, one spouse did not know that the other was physically incapable of consummating the marriage, may that spouse invalidate the marriage under the Uniform Marriage and Divorce Act?30What is a common-law marriage?
What is a common-law marriage?31What are the general requirements for establishing a common-law marriage?
What are the general requirements for establishing a common-law marriage?32Do all states permit couples to enter common-law marriages?
Do all states permit couples to enter common-law marriages?33Is it possible for a couple to accidentally enter into a common-law marriage by cohabitating?
Is it possible for a couple to accidentally enter into a common-law marriage by cohabitating?34What is the putative-spouse doctrine?
What is the putative-spouse doctrine?35A husband and wife were legally married in their home state. Several years later, the wife left the husband, but the parties did not divorce. The n...
A husband and wife were legally married in their home state. Several years later, the wife left the husband, but the parties did not divorce. The next year, the wife married another man and cohabitated with him. The second husband had no idea that the first husband existed and believed that his marriage was legal. Several years later, the first husband filed for divorce against the wife. The second husband discovered this and filed for recovery of economic rights against the wife. The home state recognizes the putative-spouse doctrine.May the second husband proceed?36Do most states that permit recovery under the putative-spouse doctrine also permit couples to enter common-law marriages?
Do most states that permit recovery under the putative-spouse doctrine also permit couples to enter common-law marriages?37What is a cohabitation agreement?
What is a cohabitation agreement?38Can an agreement to pay for sexual services form the consideration for a cohabitation agreement?
Can an agreement to pay for sexual services form the consideration for a cohabitation agreement?39A man moved in with his girlfriend. The couple did not marry. However, they signed an agreement providing for the pooling of their separate financi...
A man moved in with his girlfriend. The couple did not marry. However, they signed an agreement providing for the pooling of their separate financial resources and property. The agreement also stated that, if their relationship terminated, the man would pay the girlfriend $5,000 per month in maintenance for three years and pay her a lump sum of $20,000. The girlfriend later terminated the relationship and moved back into her parents’ home. The state recognizes cohabitation agreements.May the girlfriend recover the maintenance and $20,000 lump sum from the man?40What is a premarital contract?
What is a premarital contract?41In addition to general contract-law requirements, what three general requirements must a premarital contract meet?
In addition to general contract-law requirements, what three general requirements must a premarital contract meet?42Does duress or fraud render a premarital contract unenforceable?
Does duress or fraud render a premarital contract unenforceable?43A man and woman were planning to get married. The man’s attorney drafted a premarital contract. Two hours before the wedding, the man presented thi...
A man and woman were planning to get married. The man’s attorney drafted a premarital contract. Two hours before the wedding, the man presented this contract to the woman and told her that she was not permitted to have an attorney review it. When the woman hesitated, the man told her to sign the contract, or she would regret it. The woman signed the contract. The woman later sued to challenge the contract.In a state following the UPMAA, will the contract be upheld?44In general, must each party be represented by independent counsel when negotiating a premarital contract?
In general, must each party be represented by independent counsel when negotiating a premarital contract?45For a premarital contract to be enforceable, must the parties sign it with a certain amount of time remaining before the marriage ceremony?
For a premarital contract to be enforceable, must the parties sign it with a certain amount of time remaining before the marriage ceremony?46For the decision to enter a premarital contract to be informed, what type of disclosure must the parties make about their financial assets and liab...
For the decision to enter a premarital contract to be informed, what type of disclosure must the parties make about their financial assets and liabilities?47A fiancée presented her partner with a prenuptial agreement six weeks before the two got married. The agreement contained a section called “Disclos...
A fiancée presented her partner with a prenuptial agreement six weeks before the two got married. The agreement contained a section called “Disclosure of Assets” that listed numerous accounts, real estate, and other financial holdings belonging to the woman. The partner’s lawyer reviewed the contract and added another asset-disclosure page listing all of the partner’s financial holdings. The fiancée and the partner signed the agreement before the wedding. Five years later, they divorced. The partner discovered that the fiancée had $5 million in an offshore bank account that was not listed on the disclosure of assets in the agreement. The partner did not like the terms of the prenuptial agreement and contested the agreement in court. Will the partner succeed in having the premarital agreement invalidated?48What is the difference in the way a prenuptial agreement is evaluated for fairness under the minority approach versus the majority approach?
What is the difference in the way a prenuptial agreement is evaluated for fairness under the minority approach versus the majority approach?49What are the requirements for proving that a prenuptial agreement’s terms are substantively unfair?
What are the requirements for proving that a prenuptial agreement’s terms are substantively unfair?50A man presented his fiancée with a prenuptial agreement drafted by the man’s lawyer two months before the wedding. The man told the fiancée to have...
A man presented his fiancée with a prenuptial agreement drafted by the man’s lawyer two months before the wedding. The man told the fiancée to have her attorney review it. The fiancée’s lawyer reviewed the contract and suggested some changes, which the man’s attorney then implemented. The fiancée and man signed the revised contract two weeks before the wedding. The contract stated that if the parties divorced, the fiancée would receive the marital residence, which was worth $300,000, unencumbered by mortgages. The contract also stated that, in the event of a divorce, the fiancée would pay the man a lump sum of $60,000 in six equal installments of $10,000 a year for six years. The fiancée and the man had equal incomes. The couple married. The state follows the Uniform Premarital and Marital Agreements Act.Can the fiancée have the prenuptial contract invalidated?51What is the method for evaluating a prenuptial agreement for fairness in states that follow the ALI approach?
What is the method for evaluating a prenuptial agreement for fairness in states that follow the ALI approach?52Under what circumstances are choice-of-law provisions in a premarital contract enforceable?
Under what circumstances are choice-of-law provisions in a premarital contract enforceable?53A husband and wife were married in State A. They signed a premarital agreement four weeks before the wedding. The husband and wife lived in State A...
A husband and wife were married in State A. They signed a premarital agreement four weeks before the wedding. The husband and wife lived in State A for 35 years before they separated. Three weeks after the separation, the husband moved to State B. The wife had never been to State B. The premarital agreement contained language requiring that the law of State A govern the interpretation and enforcement of the agreement. The husband told the wife that he would honor the agreement only if the law of State B were used to interpret and enforce it. Can the wife proceed with having State A law applied to interpret and enforce the agreement against the husband’s wishes?54May the parties agree in a premarital contract how to divide marital property after divorce?
May the parties agree in a premarital contract how to divide marital property after divorce?55May the parties agree in a premarital contract to pay less child support than a court would award?
May the parties agree in a premarital contract to pay less child support than a court would award?56May the parties agree in a premarital contract to interfere with the exercise of one prospective spouse’s constitutional rights?
May the parties agree in a premarital contract to interfere with the exercise of one prospective spouse’s constitutional rights?