1. Chapter 31
Marriage

2. 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

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

4. 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.

5. 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

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

7. 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

8. 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

9. 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.

10. 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

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

13. 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.

15. 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.

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

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

18. 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

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

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

21. 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