FAMILY LAW – SHORT OUTLINE

Marriage
• Marriage is a civil Contract, but more than a “mere contract”  Maynard v. Hill
o It’s an institution of society
• Florida doesn’t recognize “heart balm actions” (breach of promise to marry)
• Engagement rings are conditional gifts  Meyer v. Mitnick
• Prenuptial Agreements
o Must be substantively fair (reasonable at time of execution) and procedurally fair
(look for voluntariness, financial disclosure, no duress or coercion)
 Parties are in a confidential relationship, so there’s the potential for
overreaching. Agreements are to be performed in the FUTURE, so
changes are inevitable!
o Uniform Premarital Agreement Act: req’s unconscionability to invalidate
o ALI Principles of the Law of Family Dissolution: rebuttable presumption that it’s
fair if 1) executed at least 30 days before marriage, 2) both parties had/advised to
get counsel, and 3) if no counsel, parties had info about rights and adverseness
o FLORIDA  Prenups must be in writing
 Exceptions to Writing Requirement for Prenups:
• 1- Fully performed oral agreement
• 2- Oral agreement before wedding & fully executed after
ceremony (must be capable of performance w/in 1 year!)
 Del Vecchio: