University of Houston

• POLS 1107

• Family: Cat I: Getting Married (A. Problems in anticipation of marriage) – MEE: 0/47 exams (0%) – JULY 2018 MEE PRIORITY: LOW – REVIEW: ONCE A WEEK 1. Marriage in general a. Marriage – civil contract between a man and a woman, or in some jurisdictions (jux), two people of the same sex, as partners in a relationship. b. Married couples have financial/personal duties to each other during marriage & after separation/divorce c. Generally, only two causes of action (COA) related to controversies arising before marriage: 2. Breach of promise to marry – heart balm action brought for damages from broken romantic relationships a. Breach of promise to marry – if you broke an engagement, you could get sued; treated as an action in both tort and contract; COA for breach of promise to marry has been abolished by statute in most states. b. Damages – damages are very limited, but include actual damages (e.g. cost of the wedding), loss of reputation and mental anguish and injury to health & punitive damage possible if D acted maliciously. c. Defenses – fraudulent misrepresentation, nondisclosure of previous unchaste conduct, impaired physical or mental health, or the marital status of either party at the time of the engagement. 3. Gifts in contemplation of marriage – replevin action a. Under the modem trend, gifts made in contemplation of marriage must be returned to the donor (regardless of fault) if the marriage does not occur. b. Recovery allowed if gift were given in contemplation of marriage (cannot get back other gifts); thus can get back engagement ring even if you broke the engagement.