LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 12 Contractual Aspects of Marriage and Divorce Marriage and the Law of Contracts Divorce and the Law of Contracts

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Do you plan on getting married? What is marriage? What do you dream marriage will be like for you? What is the reality of marriage? Chapter 12 SLIDE 2

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 12 SLIDE Marriage and the Law of Contracts GOALS 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

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 12 SLIDE 4 PREMARITAL RELATIONSHIPS & THE LAW Why are the states so supportive of marriage? Age and premarital relationships All states but Nebraska requires both parties to be 18 to marry without parental consent. (19 in Nebraska) Majority of states prohibit marriages between relatives

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Premarital pregnancy and child birth Male responsible will be required to pay his share of the female’s medical bills Contribute to the child’s support until child reaches adulthood. Same if father is a minor Cohabitation Illegal until the late 1970’s Chapter 12 SLIDE 5 PREMARITAL RELATIONSHIPS & THE LAW

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 12 SLIDE 6 THE MARITAL CONTRACT Marriage is a legal union of a man and a woman as husband and wife. Breach-of-promise lawsuits Banned by most states Return engagement ring: gift or promise?

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Legalizing the marital contract State statutory requirements Apply/pay fee for marriage license Age/parental consent Blood test no longer required in most states Waiting period Perform ceremony: religious or civil officials Common-law marriages Roots from the American frontier Over a prolonged period of time (10 years or more) Recognized by a few states (ALA,CO,RI,KA,SC,TX,UT) Chapter 12 SLIDE 7 THE MARITAL CONTRACT

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Civil Unions Alternative form of interpersonal legal union Same sex marriage Domestic partnerships as alternative to marriage Provide state level spousal rights to unmarried couples that qualify Chapter 12 SLIDE 8 THE MARITAL CONTRACT

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 12 SLIDE 9 MARITAL RIGHTS AND DUTIES Marital consortium (cited in lawsuits????) Purpose of marriage Procreation Raising children (provide support, nurture, welfare and education) Filling sexual, economic and companionship needs Contracts Bank loans Income tax returns

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. The rights and duties of parents Parental rights Right to custody Right to decide personal issues that arise Control and allocate resources Parental duties Morality lessons Nurture, guide, discipline Protect and shield from exposure to criminal behavior (sometimes that of a parent) Chapter 12 SLIDE 10 MARITAL RIGHTS AND DUTIES

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Property rights and duties Kept in individual names or joint Bring property into marriage Protect property with prenuptial agreement Useful in second or third marriages Reserve property from a previous marriage for the children of that bond Can stipulate how premarital debts are to be paid Sample on page 217 Chapter 12 SLIDE 11 MARITAL RIGHTS AND DUTIES

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 12 SLIDE Divorce and the Law of Contracts GOALS Discuss the ways by which a marriage can end Explain the divorce procedure

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 12 SLIDE 13 NULLIFYING THE MARRIAGE CONTRACT Annulment – marriage never happened voidable marriage – can be annulled void marriage – automatically without effect. Bigamist – married to 2 people - crime

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 12 SLIDE 14 TERMINATING THE MARRIAGE CONTRACT No-fault divorces – mutual agreement Divorce procedure Separation – live apart – marital rights/obligations remain intact Counseling Resolution of issues Division of property – equitable distribution Child custody and support – welfare of child Alimony - set by court – paid to ex spouse Issuance of decree of dissolution of marriage Declaration that marriage is over

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 12 SLIDE 15 PREVENT LEGAL DIFFICULTIES Understand that your actions have consequences and that your premarital relationships may have long-term effects. Realize that hasty, ill-considered decisions in selecting a marital partner may become lifelong mistakes. Make your decisions with the long-term good of both you and your partner in mind. Consider marriage a serious contract between husband and wife that requires each to fulfill their duties with mutual concern and respect for each other. Continued on the next slide

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 12 SLIDE 16 PREVENT LEGAL DIFFICULTIES Use prenuptial agreements to avoid subsequent conflicts over property ownership and division. In the event of divorce, seek legal counsel and carefully consider and fulfill the obligations, such as child support and alimony, being assumed. If your marriage ends in divorce, make all decisions relative to your children with their best interest in mind. Joint custody with cooperating and involved parents helps the children grow up in a balanced and healthy environment.