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Barbri - Family Law (MEE) Questions and Correct
Answers/ Latest Update / Already Graded
What kind of damages for the breach of the promise to marry?
Ans: Tort (not recognized in most JX)
Gifts made in contemplation of marriage. The wedding ring scenario. When can
you recover a gift? What question should you ask?
Ans: Gifts that are made CONDITIONAL on the subsequent marriage (like
engagement rings). Ask "Was the gift really conditional on the marriage?"
What do Premarital Agreements address?
Ans: The rights of the parties in the event of death or divorce
2 Things you can agree to in a pre-nup
Ans: (1) Property (2) Alimony (even waiver of alimony as long as the
disadvantaged spouse will not become a public charge)
What kind of agreement will not be enforced by courts in a prenup?
Ans: Any agreement regarding children (BIOC! Need to determine at the time
of divorce)
Requirements for validity of prenup? (usually the focus of a prenup question)(3)
Ans: (1) It must be in writing and signed by both parties (2) Only valid if the
couple did get married. (3) Entered into VOLUNTARILY (no fraud, duress,
unconscionability) (3) Full disclosure of assets OR proof that party had
independent knowledge
© 2025/ 2026 | ® All rights reserved
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Under UPMAA, what is different about the requirement that for a valid prenup
there must be full disclosure of assets or proof that the party had independent
knowledge?
Ans: UPMAA first looks at whether the agreement was unconscionable WHEN
EXECUTED, and, if it was, then the court looks to the full disclosure or
independent knowledge element. Under the statute, the agreement will be found
unconscionable If any alimony or support provision would leave the recipient in
unforeseen extreme hardship.
Things to look for:
Ans: (1) Were both parties represented by a lawyer? (2) The education of both
parties (3) Whether or not the poor party understood the rights that were being
given up.
Is independent counsel required for both parties to a prenup?
Ans: No - but it can be a factor in assessing fairness/duress (which some JX do)
Which state law applies to a prenup?
Ans: (1) Parties agreement (dominant factor) OR (2) State with most significant
relationship to the parties OR (3) the law where the agreement was signed
What are the 4 reqs for a valid marriage?
Ans: (1) License (2) Ceremony with an authorized officiant (3) Exchange
promises ("solemn promises") (4) No legal impediments to marriage (4) Must
have capacity to consent
What are the 3 most common legal impediments to marriage?
Ans: (1) Too closely related (2) Already married to someone else (3) Must be
different genders
© 2025/ 2026 | ® All rights reserved
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2 elements of sufficient capacity to consent to a marriage
Ans: (1) Mental capacity - must have the mental ability to consent AT THE
TIME OF THE CEREMONY (2) Age - generally is 18 (age of majority), parental
consent allowed 16/17. under 16 requires judicial consent
Common law marriage:
Ans: It's recognized by only 10 states. It's "portable", so if couple moves to a
new state that doesn't accept this concept, it will nonetheless recognize it.
3 reqs for common law marriage:
Ans: (1) Consent to Marriage (Not just consent to cohabit) (must have no legal
impediments + capacity also) (2) Must cohabit as husband and wife + sexual
relationship (3) Must hold yourselves out publicly as husband and wife.
Termination of a marriage
Ans: Annulment and Divorce
Annulment looks in what direction? Divorce looks in what direction?
Ans: Annulment --> Looks back in time. Divorce --> Looks forward in time
What in an annulment? 2 Situations it is available in
© 2025/ 2026 | ® All rights reserved
Barbri - Family Law (MEE) Questions and Correct
Answers/ Latest Update / Already Graded
What kind of damages for the breach of the promise to marry?
Ans: Tort (not recognized in most JX)
Gifts made in contemplation of marriage. The wedding ring scenario. When can
you recover a gift? What question should you ask?
Ans: Gifts that are made CONDITIONAL on the subsequent marriage (like
engagement rings). Ask "Was the gift really conditional on the marriage?"
What do Premarital Agreements address?
Ans: The rights of the parties in the event of death or divorce
2 Things you can agree to in a pre-nup
Ans: (1) Property (2) Alimony (even waiver of alimony as long as the
disadvantaged spouse will not become a public charge)
What kind of agreement will not be enforced by courts in a prenup?
Ans: Any agreement regarding children (BIOC! Need to determine at the time
of divorce)
Requirements for validity of prenup? (usually the focus of a prenup question)(3)
Ans: (1) It must be in writing and signed by both parties (2) Only valid if the
couple did get married. (3) Entered into VOLUNTARILY (no fraud, duress,
unconscionability) (3) Full disclosure of assets OR proof that party had
independent knowledge
© 2025/ 2026 | ® All rights reserved
, 2 | Page
Under UPMAA, what is different about the requirement that for a valid prenup
there must be full disclosure of assets or proof that the party had independent
knowledge?
Ans: UPMAA first looks at whether the agreement was unconscionable WHEN
EXECUTED, and, if it was, then the court looks to the full disclosure or
independent knowledge element. Under the statute, the agreement will be found
unconscionable If any alimony or support provision would leave the recipient in
unforeseen extreme hardship.
Things to look for:
Ans: (1) Were both parties represented by a lawyer? (2) The education of both
parties (3) Whether or not the poor party understood the rights that were being
given up.
Is independent counsel required for both parties to a prenup?
Ans: No - but it can be a factor in assessing fairness/duress (which some JX do)
Which state law applies to a prenup?
Ans: (1) Parties agreement (dominant factor) OR (2) State with most significant
relationship to the parties OR (3) the law where the agreement was signed
What are the 4 reqs for a valid marriage?
Ans: (1) License (2) Ceremony with an authorized officiant (3) Exchange
promises ("solemn promises") (4) No legal impediments to marriage (4) Must
have capacity to consent
What are the 3 most common legal impediments to marriage?
Ans: (1) Too closely related (2) Already married to someone else (3) Must be
different genders
© 2025/ 2026 | ® All rights reserved
, 3 | Page
2 elements of sufficient capacity to consent to a marriage
Ans: (1) Mental capacity - must have the mental ability to consent AT THE
TIME OF THE CEREMONY (2) Age - generally is 18 (age of majority), parental
consent allowed 16/17. under 16 requires judicial consent
Common law marriage:
Ans: It's recognized by only 10 states. It's "portable", so if couple moves to a
new state that doesn't accept this concept, it will nonetheless recognize it.
3 reqs for common law marriage:
Ans: (1) Consent to Marriage (Not just consent to cohabit) (must have no legal
impediments + capacity also) (2) Must cohabit as husband and wife + sexual
relationship (3) Must hold yourselves out publicly as husband and wife.
Termination of a marriage
Ans: Annulment and Divorce
Annulment looks in what direction? Divorce looks in what direction?
Ans: Annulment --> Looks back in time. Divorce --> Looks forward in time
What in an annulment? 2 Situations it is available in
© 2025/ 2026 | ® All rights reserved
