Bar Exam Family Law ACTUAL
QUESTIONS AND CORRECT ANSWERS
Matters preceeding Marrriage - Correct answers✔✔Breach of Promise to Marry
Gifts in contemplation
Premarital Agreements
Matters Preceeding: Breach of Promise to marry - Correct answers✔✔not actionable
If fiancee breaks off the engagement, you can't sue
Matters preceeding: gifts in contemplation - Correct answers✔✔if a gift is given conditional on a
subsequent marriage and the marriage does not happen, the donor can get the item back
Read: engaagement ring!
Matters Preceeding: premarital agreements - Correct answers✔✔Prenups; antenuptual
agreements
Half the states have adopted sstatutes regulatinng these, IL being one of them
Uniform statutes
How it is tested
Requirements
Matters preeceeding: premarital agreements: Uniform statute - Correct answers✔✔Encourages
courts to treat these like ordinary commercial agreements
It is a contract in contemplation of marriage: two people who are willing to marry, usually deals
with economic isssues anyway
, Matters Preceeding: premariital agreements: How its tested - Correct answers✔✔One party is
usually attacking the validity of the premarital agreement
Spouse usually thinks the premarital agreement was stingy and the judge will give more cash if
they throw it out
Matters ppreceeding: premarital agreements: requirements - Correct answers✔✔1) Agreement
has to be in writing and has to be signed by both parties -statute of frauds
2) couple has to have been married -if they never got married and lived together as unmarried
cohabitants
3) will be invalid if you show duress or unconscionability -will be considered unconscionable if
the party defending did not disclose assets at the time agreement was entered into AND there was
no waiver of disclosure AND other party did not know of the assets
***Ask whether the parties had independent counsel; business experience of the parties; whether
the party forfeiting rights understands the rights being forfeited
How to get married - Correct answers✔✔ceremonial marriage
license
ceremony
excchannge of promises
common law marriage
cohabitatioon
How to get married: ceremonial marriage - Correct answers✔✔requires a license and a
ceremony
How to get married: ceremonial marriage: license - Correct answers✔✔1) State can investigate
your capacity to marry, gotta fill out a form
2) age can be one of those questions
QUESTIONS AND CORRECT ANSWERS
Matters preceeding Marrriage - Correct answers✔✔Breach of Promise to Marry
Gifts in contemplation
Premarital Agreements
Matters Preceeding: Breach of Promise to marry - Correct answers✔✔not actionable
If fiancee breaks off the engagement, you can't sue
Matters preceeding: gifts in contemplation - Correct answers✔✔if a gift is given conditional on a
subsequent marriage and the marriage does not happen, the donor can get the item back
Read: engaagement ring!
Matters Preceeding: premarital agreements - Correct answers✔✔Prenups; antenuptual
agreements
Half the states have adopted sstatutes regulatinng these, IL being one of them
Uniform statutes
How it is tested
Requirements
Matters preeceeding: premarital agreements: Uniform statute - Correct answers✔✔Encourages
courts to treat these like ordinary commercial agreements
It is a contract in contemplation of marriage: two people who are willing to marry, usually deals
with economic isssues anyway
, Matters Preceeding: premariital agreements: How its tested - Correct answers✔✔One party is
usually attacking the validity of the premarital agreement
Spouse usually thinks the premarital agreement was stingy and the judge will give more cash if
they throw it out
Matters ppreceeding: premarital agreements: requirements - Correct answers✔✔1) Agreement
has to be in writing and has to be signed by both parties -statute of frauds
2) couple has to have been married -if they never got married and lived together as unmarried
cohabitants
3) will be invalid if you show duress or unconscionability -will be considered unconscionable if
the party defending did not disclose assets at the time agreement was entered into AND there was
no waiver of disclosure AND other party did not know of the assets
***Ask whether the parties had independent counsel; business experience of the parties; whether
the party forfeiting rights understands the rights being forfeited
How to get married - Correct answers✔✔ceremonial marriage
license
ceremony
excchannge of promises
common law marriage
cohabitatioon
How to get married: ceremonial marriage - Correct answers✔✔requires a license and a
ceremony
How to get married: ceremonial marriage: license - Correct answers✔✔1) State can investigate
your capacity to marry, gotta fill out a form
2) age can be one of those questions
