FAMILY LAW - BAR TESTS COMPILATION BUNDLE

Matters preceeding Marrriage correct answer: Breach of Promise to Marry Gifts in contemplation Premarital Agreements Matters Preceeding: Breach of Promise to marry correct answer: not actionable If fiancee breaks off the engagement, you can't sue Matters preceeding: gifts in contemplatio...

Marriage correct answer: Legal union of two individuals, with the accompanying obligations and liabillites. Gift in Contemplation of Marriage correct answer: Most jurisdictions hold that engagement gifts made in contemplation of marriage and are conditioned upon the subsequent ceremonial marria...

breach of the promise to marry correct answer: - not a contract claim but a tort claim -very rare gifts in contemplation of marriage correct answer: example: engagement ring -if the wedding is called off you must return it antenuption (premarital agreements) correct answer: UPCAA: this ...

Who cannot get married? correct answer: - Remember ABC! 1. Age: If either party under 16 unless spouse has a court order (parental consent not enough) 2. Bigamy: One spouse already married. If impediment removed, second marriage valid 3. Consanguinity: Related (includes current and former step p...

Breach of Promise to Marry Action correct answer: - abolished most places - gives tort damages and actual damages (money spent on wedding) - damages for loss of reputation, mental anguish, and injury to health - punitive damages available Gifts in contemplate of marriage correct answer: if m...

Breach of promise to marry correct answer: A cause of action based on breaking off an engagement to marry. -Actual damages -Punitive damages but rare Gifts in Contemplation of Marriage correct answer: If the marriage does not take place, gifts conditioned on the marriage (for example, an eng...

What are the elements of common law marriage correct answer: 1. Present agreement: both parties must tend to presently be married; an agreement to be married in the future does not meet this requirement 2. Cohabitation: the parties must live together 3. Holding out a marital relationship to the...

Does Florida allow for Common Law marriages? correct answer: No. Common law marriage is not applicable in the state of Florida. You must get married to be married. What general elements must be present to establish a Common Law marriage? correct answer: + Cohabitation + Present themselves t...

1. Declaration of Informal Marriage correct answer: Not a requirement for a common law marriage. Not an alternative to ceremonial marriage. Rather, permissable method of proving an already existing informal marraige. 2. What are impediments to common law marriage correct answer: Age - must be b...

Marriage Age Requirement correct answer: 1. Any individual who is 18 y.o. and competent may be married in WI. 2. Individuals btw ages of 16 & 18 w/ consent of parents/guardians. Marriage License Prerequisite correct answer: 1. must be obtained in the county in which one of the parties has resi...

Seems Almost Every Divorce Involves Interesting Conduct correct answer: Grounds for divorce: S = Separation (1 year, need not be voluntary) A = Adultery E = Excessively Vicious Conduct D = Desertion (Actual or constructive) I = Insanity I = Incarceration C = Cruelty Marriage R...