Family Law Micro Review 1. Getting Married a. Before Marriage = In GA engagement is a K. i.

Breach of promise to marry sounds in K (dmgs are actual dmgs party suffers.) ii. Gifts in contemplation of Marriage = Engagement rings and wedding gifts conditioned upon subsequent marriage. If marriage doesnt occur they must be returned. b. Marriage limitations i. Age = Minimum age is 18, 16 & 17 year olds can marry with parental consent, Minor emancipated children can marry at any age. ii. Consanguinity or affinity (certain relatives cant marry) 1. Parents and Children (or step children) 2. Grandparents & Grandchildren 3. Siblings (whole or half blood) 4. Aunts & Nephews 5. Uncles & Nieces 6. (Note that Cousins can marry in GA. iii. Same sex couples iv. Mental Capacity (ability to comprehend ceremony and agree to marriage) v. Physical capacity (Both need capacity of successful intercourse.) vi. No Bigamy or Polygamy. c. Procedural Requirements i. License (no medical exam, no waiting period) ii. Marriage Ceremony = Georgia requires one. (common law marriage abolished Jan. 1, 1977.) 1. GA supreme court 2010 ruling, common law marriages from another state valid under full faith and credit clause. iii. Solemnization = performed by judge, minister or person of any religious sect authorized by sect. (not invalidated if person solemnizing the ceremony.) iv. Physical presence = Both parties need to be present to sign marriage license. v. Consummation = Must be consummated (meaning signature of party performing the marriage.) vi. State of mind requirement 1. Capacity to consent: mental capacity to understand actions and agree to them (alcohol may remove capacity) 2. Intent: Both parties enter because of free will. d. Pre-Martial K i. Mariage articles are pre-maritail K between parites that are contingent upon marriage. 1. Form = oral or written. (but not invalidated for improper form) 2. Witnesses = need at least 2 witnesses.

3. If in writing, must be liberally construed in accordance with parties intent. (court scrutinizes articles contemplatin divorce more heavily.) ii. General K principles apply 1. Entry into marriage is sufficient consideration to support marriage. 2. Scrutinized for good faith and lack of undue influence. 3. Must be recorded to affect 3rd parties. 4. Unconscionable K will not be enforced. 5. NOTE: courts wont enforce custody provisions in Marriage articles. 2. The Marriage Relationship. a. Rights and responsibilities of spouses = Tennants in common. b. Tortious Interference with the Maritial relationship = GA doesnt recognize ALIENATION OF AFFECTIONS or CRIMINAL CONVERSATIONS causes of actions. Loss of consortium is still available. c. Suits between spouses = Interspousal immunity. Eroded doctrine to allow suits if traditional policy reasons are not present. (no interspousal immunity in wrongful death cases) d. Support = spouses have duty to support each other and each is liable to 3rd parties for necessaries purchased by the other. e. Privilege = Communications between spouses are privileged. Claimed by either spouse, only waivable by spouse against whom testimony is sought. 3. Termination of Marriage (either annulment or divorce) a. Annulment = viable for defect marriages (void or voidable) i. Grounds = bigamy/polygamy, consanguinity, insufficient age, incurable physical impotence, lack of capacity, mental incompetence, duress, fraud. 1. May not be granted if children are born or to be born to the marriage. ii. Void marriage is null from inception. (attackable by either party or 3rd party.) Cannot be ratified. iii. Voidable = event or condition affecting adequacy of consent, treated as valid till annulled. (Attackable only by party to the marriage, sometimes only party sought to be protected.) Can be ratified (commonly by cohabitation.) iv. Effect of annulment = marriage set aside as if never existed. Alimony may be awarded, Child support may be awarded if there are children between the couple born before the marriage. b. Divorce and Separation i.