1. Section 31.1

2. Marriage Formalities and Restrictions
Chapter 31
Marriage
Section 31.1
Marriage Formalities and Restrictions
Section 31.2
Marriage Laws

3. What You’ll Learn
How to state when the marriage contract actually takes place (p. 674)
How to describe the rights and duties involved in the marriage contract (p. 674)

4. What You’ll Learn
How to explain the requirements of a premarital agreement and state when they are important (p. 677)
How to identify marriages that are prohibited by law (p. 679)

5. Why It’s Important
The more you know about marriage laws and restrictions, the less likely you are to enter an unstable marriage.

6. Legal Terms
premarital agreement (p. 677)
consanguinity (p. 679)
affinity (p. 679)
bigamy (p. 680)
polygamy (p. 680)

7. Section Outline Government’s Role in Marriage The Marriage Contract
The Marriage Contract
Rights and Duties
Premarital Agreements

8. Section Outline Prohibited Marriages Marriage Between Relatives
Bigamy and Polygamy

9. Pre-Learning Question
What is the government’s role in marriage?

10. Government’s Role in Marriage
Each state is permitted, following U.S. Constitutional guidelines, to prescribe who is allowed to marry and how a marriage can be dissolved. However, each state must also recognize the laws and court decisions of other states.

11. Government’s Role in Marriage
Eight states (Arizona, Colorado, Illinois, Kentucky, Minnesota, Missouri, Montana, and Washington) have adopted the Uniform Marriage and Divorce Act.

12. Pre-Learning Question
What is in the marriage contract?

13. The Marriage Contract
Marriage is a civil contract that comes into existence when you become engaged.

14. 31.1
The Marriage Contract
At the time of engagement, there is an agreement containing consideration (a promise to give up the legal right to remain single) between two parties who have the capacity to contract, by mutual consent and for a legal purpose.

15. The Marriage Contract
While a couple is engaged, the marriage contract is in its executory stage.
The contract is executed when the wedding occurs.

16. Rights and Duties
The marriage contract gives both husband and wife new rights and duties, which are intended to provide protection to both parties.

17. Rights and Duties
People who live together without being married do not receive this special protection.

18. Rights and Duties
The following are some of the rights given by law when you marry:
The right to support by your spouse when necessary
The right to inheritance from your deceased spouse

19. Rights and Duties 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

20. Rights and Duties
The primary duty that arises from the marriage contract is the duty of being faithful to your spouse.
This duty cannot be relinquished, even by agreement.

21. Rights and Duties
Other duties, in general, flow from the rights previously discussed.
For example, if your spouse has the right to receive support, then you have the duty to provide it.

22. Premarital Agreements
A premarital agreement, also called an antenuptial or prenuptial agreement, is made between prospective spouses in contemplation of marriage and becomes effective upon marriage.

23. Premarital Agreements
It concerns the real and personal property the couple will own during their marriage, and it sets forth how property interests will be handled if the marriage ends by death or divorce.

24. Premarital Agreements
A premarital agreement must be in writing and signed by both parties.

25. Premarital Agreements
Although laws vary from state to state, parties to a premarital agreement generally may contract with respect to the following issues:

26. Premarital Agreement Issues
The rights and obligations of each of the parties with regard to any of the property of either or both of them
The change or elimination of support

27. Premarital Agreement Issues
The right to buy, sell, manage, and control real and personal property
The disposition of real and personal property upon separation, divorce, or death

28. Premarital Agreement Issues
The making of a will
Ownership of and benefits from life insurance policies

29. Pre-Learning Question
What types of marriages are prohibited?

30. Prohibited Marriages Prohibited marriages are
those between certain relatives
marriages by one party to two or more people at the same time
in most states, marriages between persons of the same sex

31. Marriage Between Relatives
Statutes in many states prohibit marriage between certain persons who are related by consanguinity (blood) or affinity (marriage).

32. Marriage Between Relatives
31.1
Marriage Between Relatives
If you married any of the following relatives, then the marriage would be void.
Consanguinity
Affinity
Mother or Father
Stepmother or Stepfather
Grandmother or Grandfather
Step-grandmother or Step-Grandfather
Daughter or Son
Stepdaughter or Stepson
Granddaughter or Grandson
Step-granddaughter or Step-grandson
Aunt or Uncle
Mother-in-law or Father-in-law
Sister or Brother
Grandmother-in-law or Grandfather-in-law
Niece or Nephew
Daughter-in-law or Son-in-law
Granddaughter-in-law or Grandson-in-law

33. Bigamy and Polygamy
A marriage that is contracted while either party is already married is void in all states, unless the prior marriage is ended by annulment.

34. Bigamy and Polygamy
Bigamy is the act of having two spouses at the same time.
Polygamy is the act of having more than two spouses at once.

35. What is the difference between consanguinity and affinity?

36. ANSWER
Consanguinity means being related by blood; affinity means being related by marriage.

37. What is the difference between bigamy and polygamy?

38. ANSWER
Bigamy means having two spouses at once; polygamy means having more than two spouses at once.

39. Reviewing What You Learned
Section Assessment
Reviewing What You Learned
When does the marriage contract actually come into existence? Explain your answer.

40. Reviewing What You Learned Answer
Section Assessment
Reviewing What You Learned
Answer
When you become engaged.

41. Reviewing What You Learned Answer
Section Assessment
Reviewing What You Learned
Answer
At that time, there is an agreement containing consideration (promising to give up your legal right to remain single) between two parties who have capacity to contract, by mutual consent and for a legal purpose.

42. Reviewing What You Learned
Section Assessment
Reviewing What You Learned
List five rights that are given by law to people when they marry.

43. Reviewing What You Learned Answer
Section Assessment
Reviewing What You Learned
Answer
(1) the right to support by one’s spouse when necessary; (2) the right of inheritance from one’s deceased spouse; (3) the right to property if the marriage ends;

44. Reviewing What You Learned Answer
Section Assessment
Reviewing What You Learned
Answer
(4) the right to compensation to continue one’s standard of living if the marriage ends; and (5) the right to file a joint income tax return.

45. Reviewing What You Learned
Section Assessment
Reviewing What You Learned
What is a premarital agreement, and why is it important?

46. Reviewing What You Learned Answer
Section Assessment
Reviewing What You Learned
Answer
An agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.

47. Reviewing What You Learned Answer
Section Assessment
Reviewing What You Learned
Answer
It is important because it outlines how the property interests of both parties will be disposed of in the event the marriage comes to an end, either by death or divorce.

48. Reviewing What You Learned
Section Assessment
Reviewing What You Learned
Provide three examples of marriages that are prohibited by law.

49. Reviewing What You Learned Answer
Section Assessment
Reviewing What You Learned
Answer
Marriages between certain relatives, marriages by one party to two or more other people at the same time, and in most states, marriages between persons of the same sex.

50. Critical Thinking Activity Fairness
Section Assessment
Critical Thinking Activity
Fairness
Ian and Rochell decided to break their engagement of six months because they believed that they just weren’t right for each other.

51. Critical Thinking Activity Fairness
Section Assessment
Critical Thinking Activity
Fairness
By law in their state, Ian is entitled to the return of the engagement ring. Do you think this is fair? Why or why not?

52. Critical Thinking Activity Answer Fairness
Section Assessment
Critical Thinking Activity Answer
Fairness
Answers will vary.

53. Legal Skills in Action The Role of Marriage in Your Life
Section Assessment
Legal Skills in Action
The Role of Marriage in Your Life
Marriage is a personal relationship arising out of a civil contract. It is a serious contract that most people believe will last forever.

54. Legal Skills in Action The Role of Marriage in Your Life
Section Assessment
Legal Skills in Action
The Role of Marriage in Your Life
In 2-3 paragraphs, describe the role, if any, that marriage might play in your future life.

55. Legal Skills in Action Answer
Section Assessment
Legal Skills in Action Answer
The Role of Marriage in Your Life
Answers will vary but should connect your goals and values to the role marriage will play in your future.

56. End of Section 31.1