1. Section 31 “Marriage Formalities and Restrictions”
Marriage Laws
Section 31
“Marriage Formalities and Restrictions”

2. Government’s Role in Marriage
Viewed by many as the basis of the family unit
Considered vital to the preservation of values and culture
Following the US Constitution guidelines, each state is permitted to prescribe who is allowed to marry and how it can be dissolved
Each state must recognize the laws and court decisions of other states

3. The Marriage Contract
Marriage is a personal relationship between two people
Civil contract is created when you become engaged
Contains consideration
Capacity to contract
Mutual consent
For a legal purpose

4. The Marriage Contract
While the couple is engaged, the marriage contract is in its executory stage
Contract is executed when the wedding occurs
If the wedding is called off, certain conditions apply as to who gets the ring

5. Rights and Duties Marriage contract changes your legal status
Law gives both people new rights and duties
The right to support your spouse when necessary
The right to inheritance from deceased spouse
The right to property if the marriage ends
The right to compensation to continue your standard of living if the marriage ends
The right to file a joint income tax return

6. Premarital Agreements
AKA – “prenuptial agreement”
Made between prospective spouses in contemplation of marriage
Partners must fully disclose all assets to each other
Make honest statements
Must be in writing
Signed by both parties

7. Prohibited Marriages Marriage between relatives Bigamy Polygamy
Consanguinity – related by blood
Affinity – related by marriage
Bigamy
Having 2 spouses at the same time
Polygamy
Having more than 2 spouses at the same time

8. The Requirements of Marriage
Age requirements
Without parent consent = 18 (except Mississippi and Nebraska)
With parent consent depends on state
Some states also require court approval
Statistically, teenagers are more likely to get divorced – laws are put in place to protect them

9. Common-Law Marriage Informal type of marriage originating in England
Did not need a formal ceremony – only had to agree between themselves that they were married
Today 11 states still recognize this law
Parties must live together for a specified number of years (varies in states)

10. Ceremonial Marriage
Most states require some kind of ceremony to solemnize the marriage
Must be performed by someone authorized by state law

11. Marriage License
A certificate issued by a government office that gives permission to 2 people to marry
Good for a specified time period (depending on the state)
Can expire if not used within that period
Typically a short waiting period to be used
A fee is charged
Used only in state of issuance

12. Other requirements/options
Some states require a blood test or physical examination
Proxy marriage one or both of the parties can’t be present for the wedding, an agent acts on their behalf
The “Uniform Marriage and Divorce Act”
Use of various names
Husbands/spouses last name
Hyphenating maiden name and husbands last name