Planning for the Future

Topics: Marriage Divorce and Legal Consequences Renting a Place to Live Buying a Home Insurance Protection Retirement and Wills

Marriage Governments role o Each state is permitted to prescribe who is allowed to marry and how a marriage can be dissolved The Marriage Contract o Becomes a civil contract when you become engaged o The engagement is an agreement containing consideration A promise to give up the legal right to remain single o The contract is executed when the wedding occurs o Marriage contract changes your legal status, providing new rights to both the man and woman Example o inheritance from deceased spouse o right to property if marriage fails o fling joint tax return

Prohibited Marriages Certain types of marriages are illegal because they are opposed to public policy o Persons related by consanguinity – by blood o Persons related by affinity – by marriage o Bigamy – act of having 2 spouses at the same time o Polygamy – act of having more than 2 spouses at once - Children resulting in these marriages are considered illegitimate

Premarital Agreement Also, know as prenuptial agreement Before people, sometimes, they enter into an written agreement concerning real & personal property This agreement details how interests will be handled in the event of death or divorce Assets must be fully disclosed Attorney must represent the parties

Marriage Laws Each state has its own laws regulating marriage o Age requirement – with the exception of Mississippi and Nebraska, you can be married at age 18 without parent consent o With parent consent, you can be married at a younger age Common Law o 11 states still recognize this law o States that recognize common law require the following elements Parties must agree in in words they are husband and wife Parties must cohabit, for a certain period of time, varies among states A divorce is required to end a common-law marriage

Discussion Why do you think it is important for couples who live together (cohabitate) without being legally married sign a written agreement? Do you agree that the children of a bigamous marriage should be illegitimate? What age do you think should be the minimum age for a person to marry with and without parental consent? Do you think these ages should be the same for males and females?

Research Prenups o Using the interent, find resources concerning prenuptial agreements o Complete the table…you will need to create this in Word List the website name and link Advantages of having a prenup agreement Key aspects of prenup agreement Describe the types of people that benefit from a prenup agreement

Ending a Marriage Annulment o Declaration by the court that the marriage was never effective, void from the beginning Duress – marry against his/her will Fraud – persuaded to marry by misrepresentation o Examples: Below state age, secretly intending to never have children, concealing a pregnancy by someone other than the husband Legal separation o Limited divorce, ending the right to cohabitate Divorce o Declaration by the court that a valid marriage has now come to an end

Grounds for Divorce No-Fault o Eliminates the need to blame one party Irreconcilable difference Adultery Cruelty Alcoholism or Drug Addiction Nonsupport Conviction of a felony

Research o Using the internet, research the grounds for divorce in Texas and provide a brief overview.

Divorce Settlement Alimony o Not intended as a penalty o Spouse at fault usually will not be awarded alimony o No fixed rule in determining alimony Marital property o Equitable distribution of property o Judges distribute property equally, regardless of who has the title Custody and Support of Children o Many states have laws to protect children o Major concern when marriages fail

Custody of Children Sole custody o gives all parental rights, duties and powers to one parent o Children live with custodial parent and visitation rights are given to the Joint custody o divides the rights, duties, and powers between the parents

Support of Children Child support is a basic obligation of every parent, this obligation exists regardless of which parent has custody Federal regulations require every state to adopt child support guidelines Enforcement – legal order o Uniform Interstate Family Support Act (UIFSA) allows support orders of one state to ne enforced in every state

Research Using the internet, research Texas state laws concerning nonpayment of child support. Write a report summarizing your findings. Answer the following question: Why do you think the US enacted the UIFSA and why is a support order enforced by the state rather than the custodial parent.