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Marriage Laws Section 31.2. Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage What You’ll Learn How to describe the marriage.

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Presentation on theme: "Marriage Laws Section 31.2. Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage What You’ll Learn How to describe the marriage."— Presentation transcript:

1 Marriage Laws Section 31.2

2 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage What You’ll Learn How to describe the marriage laws in your state with regard to age requirements, ceremony, medical exams, and license (pp )

3 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage What You’ll Learn How to differentiate between a common- law marriage and a ceremonial marriage (pp )

4 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage Why It’s Important Understanding the various marriage laws will make you better prepared when the time comes to choose a spouse.

5 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage Legal Terms common-law marriage (p. 681) solemnize (p. 683) marriage license (p. 685) proxy marriage (p. 687)

6 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage The Requirements of Marriage Section Outline Age Requirements Common-Law Marriage Ceremonial Marriage Covenant Marriage

7 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage The Requirements of Marriage, continued Marriage License Waiting Period Blood Test/Physical Examination Proxy Marriage Use of Various Names Section Outline

8 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage Pre-Learning Question What do you think are some of the legal requirements for marriage?

9 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage Each state has its own laws regulating marriage, but most state laws address the following issues: The Requirements of Marriage age type of marriage license

10 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage waiting period blood test/physical exam The Requirements of Marriage

11 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage With exceptions in Mississippi and Nebraska, you can be married at age 18 without your parent’s consent. You can be married at a younger age if a parent or guardian gives permission. Age Requirements

12 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage In England, under the common law, people did not need to have a formal ceremony to bind them in wedlock. Instead they only had to agree between themselves that they were married. Common-Law Marriage

13 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage No witnesses were required, and the agreement could be either oral or written. This informal type of marriage, called a common-law marriage, came to America with the early colonists. Common-Law Marriage

14 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage Today, 11 states and the District of Columbia still recognize common-law marriages. Common-Law Marriage

15 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage With a few exceptions, the states that recognize the common-law marriage require the following elements: Common-Law Marriage

16 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage The parties must agree, by words in the present tense, that they are husband and wife. The parties must cohabit, or live together for a certain time period. Common-Law Elements

17 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage The parties must represent themselves as being husband and wife so that the public recognizes their marital status. Common-Law Elements

18 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage This representation may be accomplished by actions such as introducing your partner as your spouse, and by sharing a joint bank account. Common-Law Elements

19 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage From early colonial times, a marriage ceremony could only be officiated by a cleric or magistrate. Today, most states still require some kind of ceremony or other serious right to solemnize marriage. Ceremonial Marriage

20 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage As long as the parties declare that they take each other as husband and wife in the presence of a person authorized by state law to solemnize marriages, no particular form must be followed. Ceremonial Marriage

21 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage The covenant marriage, adopted in Arkansas, Arizona, and Louisiana, is an attempt to reduce divorce and protect children. Covenant Marriage

22 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage The parties to a covenant marriage must undergo counseling before the wedding and during the marriage to solve conflicts. Couples can divorce only after a two- year separation. Covenant Marriage

23 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage A marriage license is a certificate issued by a government office that gives permission to two people to marry. Marriage License

24 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage Once issued, the license becomes effective after any waiting period required by state law but expires if the couple doesn’t marry within that time period. Marriage License

25 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage Today, most states have a waiting period before a license is issued. This gives both the man and woman time to reconsider their decision. Waiting Period

26 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage Some states require a blood test or physical examination before a marriage license is issued. Blood Test/Physical Examination

27 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage These tests may screen prospective spouses for Blood Test/Physical Examination AIDS venereal disease sickle cell anemia rubella infectious tuberculosis

28 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage In a proxy marriage, one or both of the parties can’t be present for the wedding, and an agent acts on their behalf. Such a marriage, which is allowed in some states, still requires a ceremony. Proxy Marriage

29 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage The Uniform Marriage and Divorce Act provides that a person who can’t come to the solemnization of his or her marriage may authorize, in writing, a third person to act as proxy. Proxy Marriage

30 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage Under common law, people may use any name provided they do not do so to commit fraud. A wife does not have to adopt her husband’s surname (last name), for example. Use of Various Names

31 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage If Maria and Eddie meet at St. Joseph’s Cathedral to exchange wedding vows in front of 200 guests, what type of marriage are they demonstrating?

32 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage ANSWER Ceremonial

33 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage If Maria and Eddie agree to undergo counseling before their wedding and during their marriage, why type of marriage are they demonstrating?

34 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage ANSWER Covenant

35 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage If Maria and Eddie live together for six years and have a joint checking account for Mr. and Mrs. Eduardo Perez, what type of marriage are they demonstrating?

36 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage ANSWER Common-law

37 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage Reviewing What You Learned 1. 1.Under today’s law, at what age may a person in most states marry without parental consent? Section 31.2 Assessment

38 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage Reviewing What You Learned Age 18. Section 31.2 Assessment Answer

39 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage Reviewing What You Learned 2. 2.What is the difference between a common-law marriage and a ceremonial marriage? Section 31.2 Assessment

40 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage Reviewing What You Learned A common-law marriage is an informal type of marriage requiring no ceremony. The parties must agree that they are husband and wife, they must cohabit, and must present themselves to the public as being husband and wife. Section 31.2 Assessment Answer

41 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage Reviewing What You Learned Eleven states and the District of Columbia recognize common-law marriages. A ceremonial marriage is required by most states to solemnize marriage. Section 31.2 Assessment Answer

42 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage Reviewing What You Learned No particular form of marriage ceremony is required, as long as the parties declare in the presence of a person who has authority by state law to solemnize marriages that they take each other as husband and wife. Section 31.2 Assessment Answer

43 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage Section 31.2 Assessment Critical Thinking Activity Surnames Are there any reasons why a husband and wife having different surnames would be impractical? Explain your answer.

44 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage Section 31.2 Assessment Critical Thinking Activity Answer Surnames Answers may vary, but some may address the issue of children and their last names.

45 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage Section 31.2 Assessment Legal Skills in Action Marriage Laws Using a software program, design a table of the marriage laws you need to consider before getting married. Do your best to include all the laws discussed in this chapter.

46 Understanding Business and Personal Law Marriage Laws Section 31.2 Marriage Section 31.2 Assessment Legal Skills in Action Answer Marriage Laws Tables will vary but may address your particular state laws.

47 Marriage Laws End of Section 31.2


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