MARRIAGE CONTRACTS Chapter 12

Premarital Relationships & The Law ◦Marriage – the legal union of a man and woman as husband and wife ◦3 Types of Premarital Relationships ◦Age & Premarital Relationships ◦No minimum age for dating but all states say 18 to marry without parental consent (19 in Nebraska) ◦Reasonable Force is allowed to enforce a parent’s order not to date or not to date a specific person ◦Excessive force may result in child abuse ◦Premarital Pregnancy & Childbirth ◦Criminal laws against consensual intercourse between adults have been eliminated in recent decades. ◦If paternity is identified, he is required to pay his share of medical bills and child support. ◦True when father is a minor. ◦Cohabitation ◦When a man and woman live together outside of marriage ◦Considered illegal until late 1970’s ◦More than 5 million couples live together outside of marriage

Benefits of Marriage ◦Tax Benefits ◦Filing joint income tax returns with the IRS and state taxing authorities. ◦Creating a "family partnership" under federal tax laws, which allows you to divide business income among family members. ◦Estate Planning Benefits ◦Inheriting a share of your spouse's estate. ◦Receiving an exemption from both estate taxes and gift taxes for all property you give or leave to your spouse. ◦Creating life estate trusts that are restricted to married couples, including QTIP trusts, QDOT trusts, and marital deduction trusts. ◦Obtaining priority if a conservator needs to be appointed for your spouse -- that is, someone to make financial and/or medical decisions on your spouse's behalf. ◦Government Benefits ◦Receiving Social Security, Medicare, and disability benefits for spouses. ◦Receiving veterans' and military benefits for spouses, such as those for education, medical care, or special loans. ◦Receiving public assistance benefits.

Benefits of Marriage ◦Employment Benefits ◦Obtaining insurance benefits through a spouse's employer. ◦Taking family leave to care for your spouse during an illness. ◦Receiving wages, workers' compensation, and retirement plan benefits for a deceased spouse. ◦Taking bereavement leave if your spouse or one of your spouse's close relatives dies. ◦Medical Benefits ◦Visiting your spouse in a hospital intensive care unit or during restricted visiting hours in other parts of a medical facility. ◦Making medical decisions for your spouse if he or she becomes incapacitated and unable to express wishes for treatment. ◦Death Benefits ◦Consenting to after-death examinations and procedures. ◦Making burial or other final arrangements.

Benefits of Marriage ◦Family Benefits ◦Filing for stepparent or joint adoption. ◦Applying for joint foster care rights. ◦Receiving equitable division of property if you divorce. ◦Receiving spousal or child support, child custody, and visitation if you divorce. ◦Housing Benefits ◦Living in neighborhoods zoned for "families only." ◦Automatically renewing leases signed by your spouse. ◦Consumer Benefits ◦Receiving family rates for health, homeowners', auto, and other types of insurance. ◦Receiving tuition discounts and permission to use school facilities. ◦Other consumer discounts and incentives offered only to married couples or families.

Why do people get married?

How do people get married? ◦Age – 18 years old or 17 years old with parent consent ◦Parental consent must be in writing and approved by a judge ◦Cannot be related closer than 2 nd cousins ◦STEPS: 1.Apply for a marriage license – issued 3 days after application is submitted ◦Pay the state required fee ◦Required blood work (some states) 2.Hold the Ceremony ◦Must be within 60 days of application ◦Witnesses are required

Will You Marry Me? Skit ◦Who wants to get married?! ◦Actors needed: ◦Bride ◦Groom ◦Best Man ◦Maid of Honor ◦Justice of the Peace ◦2 Witnesses

Vows ◦Justice of the Peace: “We are gathered here today to witness the unity of and. Groom, please state your vows and intentions.” ◦Groom: "I, in the presence of these witnesses, do take you, Jill, to be my lawful wedded wife to have and to hold, from this day forward, for better, for worse, for richer, for poorer, in sickness and in health, to love and to cherish, till death do us part.” ◦Justice of the Peace: Groom, please state your vows and intentions.” ◦Bride: "I, in the presence of these witnesses, do take you, Jill, to be my lawful wedded wife to have and to hold, from this day forward, for better, for worse, for richer, for poorer, in sickness and in health, to love and to cherish, till death do us part.“ ◦Justice of the Peace: "By joining hands, you are consenting to be bound together as husband and wife. You are promising to honor, love and support each other for the rest of your lives. By the authority vested in me by the laws of the state of California, I now pronounce you husband and wife."

Reflection ◦Write a 1 page journal entry reflecting on the following: ◦What is the purpose of marriage? ◦What benefits does a marriage offer people? ◦Why do you think courts recognize marriage as a contract? ◦In what instances would there be fraud or a breech of contract in marriage? ◦What are the remedies for fraud or breech of contract?