Chapter 12 Contractual Aspects of Marriage & Divorce Adamson, John E., Law for Business and Personal Use, 18 th edition, South-Western Cengage Learning, 2007

Ch Objectives  Discuss how the law affects premarital relationships  Explain how a marriage contract is formed and legalized  Name the rights and duties of husbands and wives Adamson, John E., Law for Business and Personal Use, 18 th edition, South-Western Cengage Learning, 2007

Premarital Relationships & the Law  Marriage – A legal union of a man and a woman as husband and wife.  Law affects premarital relationships… 1) Minimum age with or without parental consent 2) Responsibilities and rights of parents when a child results from premarital relationships 3) Couples living together outside of marriage Adamson, John E., Law for Business and Personal Use, 18 th edition, South-Western Cengage Learning, 2007

Premarital Relationships & the Law 1) Age No minimum age for dating No minimum age for dating Parents can control with “reasonable force”Parents can control with “reasonable force” “Incorrigible” in a juvenile delinquency court“Incorrigible” in a juvenile delinquency court What is the minimum age to get married? What is the minimum age to get married? Varies from state to state.Varies from state to state. Colorado – 18 without parent consent Colorado – 18 without parent consent Colorado – 16 with parent consent Colorado – 16 with parent consent Adamson, John E., Law for Business and Personal Use, 18 th edition, South-Western Cengage Learning, 2007

2) Responsibilities and rights of parents when a child results from premarital relationships Few if any laws governing consensual premarital sexual intercourse b/w adults Few if any laws governing consensual premarital sexual intercourse b/w adults Male is responsible for ½ of female’s medical bills Male is responsible for ½ of female’s medical bills Support child until age of capacity Support child until age of capacity Minors are held to same standard Minors are held to same standard Premarital Relationships & the Law Adamson, John E., Law for Business and Personal Use, 18 th edition, South-Western Cengage Learning, 2007

3) Couples living together outside of marriage “Cohabitate” “Cohabitate” Illegal in most states until 1970’s Illegal in most states until 1970’s Still illegal in some states Still illegal in some states Premarital Relationships & the Law Adamson, John E., Law for Business and Personal Use, 18 th edition, South-Western Cengage Learning, 2007

The Marital Contract  Heterosexual Relationship: Contract is formed when both agree Contract is formed when both agree Annulled: When both agree to end the engagement (Void/ Never existed) Annulled: When both agree to end the engagement (Void/ Never existed) A. Breach of Promise Lawsuit: One person wants out of the contract One person wants out of the contract Past:Today: *High financial damages*Many states have were placed on personbanned suit all together. were placed on personbanned suit all together. Adamson, John E., Law for Business and Personal Use, 18 th edition, South-Western Cengage Learning, 2007

The Marital Contract A. Breach of Promise Lawsuit Third Party Interference Third Party Interference  If it’s the parents, nothing can be done  If it’s someone else, then a few states allow suits to be charged against a third party Gifts Gifts  Courts may order ring to be returned  Other gifts (not conditional on marriage) may be kept. Adamson, John E., Law for Business and Personal Use, 18 th edition, South-Western Cengage Learning, 2007

B. Legalizing the Marital Contract 1. State Statutory Requirements Determined by the individual states Determined by the individual states Apply for license with courthouse Apply for license with courthouse Pay a fee Pay a fee Take a blood test? (varies by state) Take a blood test? (varies by state) 3 day waiting period (varies by state) 3 day waiting period (varies by state) Authorized religious or civil officials—court clerks, mayors, judges, rabbis, ministers, priests, captains (at sea) - yourselves Authorized religious or civil officials—court clerks, mayors, judges, rabbis, ministers, priests, captains (at sea) - yourselves  Uniform Marriage & Divorce Act (8 states) The Marital Contract

B. Legalizing the Marital Contract 2. Common-Law Marriage A single woman and single man live together, share common property and consider themselves married for a period of time (usually ten years) A single woman and single man live together, share common property and consider themselves married for a period of time (usually ten years) Colorado recognizes common-law marriage. Colorado recognizes common-law marriage. Elements of a valid marriage Elements of a valid marriage is free to contract a valid ceremonial marriage (not already married)is free to contract a valid ceremonial marriage (not already married) holds themselves out as husband and wife;holds themselves out as husband and wife; consents to the marriage;consents to the marriage; cohabitates;cohabitates; has the reputation in the community as being marriedhas the reputation in the community as being married The Marital Contract Adamson, John E., Law for Business and Personal Use, 18 th edition, South-Western Cengage Learning, 2007

Sample Affidavit STATE OF COLORADO AFFIDAVIT OF COMMON LAW MARRIAGE We, the undersigned, attest to the following facts: 1. We are at least 18 year of age. If between the ages of 16 and 18, we have obtained proper parental or guardian consent. 2. There is no legal impediment to our marriage, including, but not limited to, a prior marriage of either party that has not been legally terminated by death or divorce. 3. We are married to each other and understand that a common law marriage holds all the rights, privileges and responsibilities of a lawful marriage. We understand that only death or divorce may terminate this marriage. ______________________________ _______________________________ Signature of Husband Signature of Wife ______________________________ _______________________________ Print Husband’s Name Print Wife’s Name Address: ______________________ Address: ________________________ ______________________________ ________________________________ Sworn before me this ____________ day of ____________________, 20_____ ________________________________ Notary Public My commission expires: ___________________________

B. Legalizing the Marital Contract 3. Civil Unions An alternative form of interpersonal legal union similar to marriage An alternative form of interpersonal legal union similar to marriage Typically offers many of the rights, duties and benefits as marriage to those who elect to form it Typically offers many of the rights, duties and benefits as marriage to those who elect to form it Not recognized by the federal government Not recognized by the federal government Defense of Marriage Act (1996) Defense of Marriage Act (1996) States other than adopting states do not have to recognize Civil Unions.States other than adopting states do not have to recognize Civil Unions. Marital Contract The Marital Contract Adamson, John E., Law for Business and Personal Use, 18 th edition, South-Western Cengage Learning, 2007

 Procreation, raising children, filling sexual, economic and companionship needs. 1. Marital Consortium Mutual duties of husbands & wives Mutual duties of husbands & wives Sue party “loss of consortium” for injuries suffered by spouse Sue party “loss of consortium” for injuries suffered by spouse Provide for support, nurture, welfare and education of children Provide for support, nurture, welfare and education of children Other contracts and taxes Other contracts and taxes 2. Parenthood Rights and Duties Support children until adulthood Support children until adulthood Same rights and duties for adopted children Same rights and duties for adopted children Marital Rights & Duties Adamson, John E., Law for Business and Personal Use, 18 th edition, South-Western Cengage Learning, 2007

3. Property Rights and Duties Property acquired during marriage may belong to husband, wife or both Property acquired during marriage may belong to husband, wife or both “Community property” states (10)“Community property” states (10)  Prenuptial Agreement Give up any future claim to spouse’s property or money Give up any future claim to spouse’s property or money Not limited in scope Not limited in scope Courts only enforce monetary terms Courts only enforce monetary terms Marital Rights & Duties Adamson, John E., Law for Business and Personal Use, 18 th edition, South-Western Cengage Learning, 2007

Activities  P , 10, 14  12-1 Re-teach and Quiz  Small Groups – List of Pros and Cons of marriage

Ch Objectives  Discuss the ways by which a marriage can end  Explain the divorce procedure Adamson, John E., Law for Business and Personal Use, 18 th edition, South-Western Cengage Learning, 2007

Divorce & the Law of Contracts  Annulment A court order that cancels a marriage. A court order that cancels a marriage. Voidable:Voidable: Refusal to have kids Refusal to have kids Lying about: wealth, condition of pregnancy, freedom from disease, past marriages, or age. Lying about: wealth, condition of pregnancy, freedom from disease, past marriages, or age. May be terminated within reasonable time May be terminated within reasonable time Void Marriage:Void Marriage: No rights or duties for either party No rights or duties for either party One person already married (Bigamy) One person already married (Bigamy) IllegalIllegal Incestuous relationship Incestuous relationship Under age Under age Adamson, John E., Law for Business and Personal Use, 18 th edition, South-Western Cengage Learning, 2007

Terminating the Marriage Contract  Divorce and dissolution end a marriage and divide property A. No-Fault Divorces Requesting spouse does not have to list grievance Requesting spouse does not have to list grievance Irreconcilable differences Irreconcilable differences May be a waiting period up to 6 months before final and/or marriage counselor May be a waiting period up to 6 months before final and/or marriage counselor Adamson, John E., Law for Business and Personal Use, 18 th edition, South-Western Cengage Learning, 2007

Divorce Procedure 1. Separation Spouses maintain separate living quarters, but marital duties remain intact Spouses maintain separate living quarters, but marital duties remain intact 2. Counseling 3. Resolution of Issues Division of Property: What one already had before marriage they get to keep, the rest is divided. Division of Property: What one already had before marriage they get to keep, the rest is divided. What has been earned, inherited, or gift stays with spouse that earned or received it What has been earned, inherited, or gift stays with spouse that earned or received it Common Law v. Community property Common Law v. Community property

Resolution of Issues, cont’d 3. Resolution of Issues Child Custody Child Custody Child Support – Pay half until the age of capacity, based on the individuals wealth. Child Support – Pay half until the age of capacity, based on the individuals wealth. Alimony – One lump payment or regular intervals. Paid to spouse. Alimony – One lump payment or regular intervals. Paid to spouse. 4. Issuance of Decree of Dissolution Adamson, John E., Law for Business and Personal Use, 18 th edition, South-Western Cengage Learning, 2007

Ch. 12 – Quiz (24 pts. & 9 EC) 1. What is the legal definition of marriage? 2. What does it mean to have a marriage annulled? 3. What is common-law marriage? 4. What are the elements of a valid common law marriage?

Ch. 12 – Quiz 5. What situations would make a marriage voidable? 6. What are the rights & duties of husbands and wives? 7. What is a pre-nuptial agreement? Extra Credit: 1. Name the 4- 6 steps to getting married. 2. Other than divorce, how can a marriage end?

Decrease Your Divorce Rate  Factors: Marrying over 25 years of age? (vs. under 18) Marrying over 25 years of age? (vs. under 18) Some college (vs. high school dropout) Some college (vs. high school dropout) Having a baby seven + months after marriage (vs. before marriage) Having a baby seven + months after marriage (vs. before marriage) Own family of origin intact (vs. divorced parents) Own family of origin intact (vs. divorced parents) Religious affiliations (vs. none) Religious affiliations (vs. none) Annual income over $50,000 (vs. under $25,000) Annual income over $50,000 (vs. under $25,000) Taken from Barbara Whitehead and David Popenoe’s The State of Our Unions (2004), Rutgers University, National Marriage Project

Legal Benefits  Pros vs. Cons Assumption of Spouse’s Pension Assumption of Spouse’s Pension Automatic Inheritance Automatic Inheritance Automatic Housing Lease Transfer Automatic Housing Lease Transfer Bereavement Leave Bereavement Leave Burial Determination Burial Determination Child Custody Child Custody Crime Victim’s Recovery Benefits Crime Victim’s Recovery Benefits Divorce Protections Divorce Protections Domestic Violence Protection Domestic Violence Protection Exemption from Property Tax on Partner’s Death Exemption from Property Tax on Partner’s Death Immunity from Testifying Against Spouse Immunity from Testifying Against Spouse Insurance Breaks Insurance Breaks › Joint Adoption & Foster Care › Joint Bankruptcy › Joint Parenting (Insurance Coverage, School Records) › Medical Decisions on Behalf of Partner › Certain Property Rights › Joint Tax Returns Preparation › Sick Leave to Care for Partner › Visitation of Partner’s Children › Visitation of Partner in Hospital or Prison › Wrongful Death (Loss of Consort) Benefits