Chapter 31 Marriage

Government’s Role Each state is permitted (following the U.S. Constitution) to prescribe who is allowed to marry and how a marriage is dissolved. However, they must also recognize the laws and court decisions of other states

Marriage Formalities Eight states have adopted the Uniform Marriage and Divorce Act Arizona, Colorado, Illinois, Kentucky, Minnesota, Missouri, Montana, and Washington

The Marriage Contract Marriage: personal relationship between a man and woman arising out of a civil contract at the time of engagement. Paragraph p. 674 FYI: court decisions in some states have stated that an engagement ring should be returned in the event a marriage does not take place. It is a gift contingent upon marriage.

Rights To be supported by one’s spouse Of inheritance from one’s deceased spouse To property if marriage ends To compensation to continue standard of living if marriage ends To file a joint tax return

Duties Faithfulness Refrain from causing bodily harm to family members True even if not married

Premarital Agreement An agreement between prospective spouses made in contemplation of marriage. In some states, you must have separate attorneys. Must be honest and disclose all assets Must be in writing and signed by both parties

Topics??? Rights/obligations of each party Right to buy, sell, manage, and control real and personal property Disposition of property upon separation, divorce, death Change or elimination of support Wills Life Insurance

Prohibited Marriages Consanguinity: related by blood Affinity: related by marriage Bigamy: two spouses Polygamy: more than two spouses Bigamy/Polygamy is a crime in every state.

Age Requirements (18) Common Law: Male 14, Female 12 (ages of consent) Any marriage to someone under 7 was void. Over 7 but under age of consent, voidable. Annul: makes it void

1971 26th Amendment which allowed persons of 18 to vote, many states changed the age of consent to 18.

Common-Law Marriage In England, common law, no formal ceremony was necessary to bind parties in wedlock. No witnesses were required and could be oral or written agreement. Today, only 11 states recognize common law marriage. Alabama, Colorado, Georgia (1/97), Idaho (1/96), Iowa, Kansas, Montana, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas, and District of Columbia.

Common-Law Marriage Requirements: Parties must agree that they are husband and wife Parties must cohabit Parties must hold themselves out to the world as husband and wife A divorce is required to end a common law marriage.

Ceremonial Marriage Most states still require some kind of ceremony or other serious rite to solemnize marriage. No particular form must take place.

Marriage License A certificate issued by governmental office giving permission to marry It can expire.

Waiting Period Common Law: notices of upcoming marriages were required to be published and posted (called marriage banns) Today: called waiting period (1-7 days) Allows for reconsideration and evidence of fraud, force or jest

Blood Test/Physical Exam Some states require in order to protect against disease. (AIDS, rubella, sickle cell anemia)

Proxy Marriage One or both parties to the marriage are absent and represented by an agent who acts on their behalf.

May use any name as long as they do not commit fraud Use of Maiden Name May use any name as long as they do not commit fraud