Section 31.1

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

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)

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)

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

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

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

Section Outline Prohibited Marriages Marriage Between Relatives Bigamy and Polygamy

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

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.

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

Pre-Learning Question What is in the marriage contract?

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

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.

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

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

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

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

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

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.

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.

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.

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.

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

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

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

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

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

Pre-Learning Question What types of marriages are prohibited?

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

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

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  

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.

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.

What is the difference between consanguinity and affinity?

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

What is the difference between bigamy and polygamy?

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

Reviewing What You Learned Section 31.1 Assessment Reviewing What You Learned When does the marriage contract actually come into existence? Explain your answer.

Reviewing What You Learned Answer Section 31.1 Assessment Reviewing What You Learned Answer When you become engaged.

Reviewing What You Learned Answer Section 31.1 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.

Reviewing What You Learned Section 31.1 Assessment Reviewing What You Learned List five rights that are given by law to people when they marry.

Reviewing What You Learned Answer Section 31.1 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;

Reviewing What You Learned Answer Section 31.1 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.

Reviewing What You Learned Section 31.1 Assessment Reviewing What You Learned What is a premarital agreement, and why is it important?

Reviewing What You Learned Answer Section 31.1 Assessment Reviewing What You Learned Answer An agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.

Reviewing What You Learned Answer Section 31.1 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.

Reviewing What You Learned Section 31.1 Assessment Reviewing What You Learned Provide three examples of marriages that are prohibited by law.

Reviewing What You Learned Answer Section 31.1 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.

Critical Thinking Activity Fairness Section 31.1 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.

Critical Thinking Activity Fairness Section 31.1 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?

Critical Thinking Activity Answer Fairness Section 31.1 Assessment Critical Thinking Activity Answer Fairness Answers will vary.

Legal Skills in Action The Role of Marriage in Your Life Section 31.1 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.

Legal Skills in Action The Role of Marriage in Your Life Section 31.1 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.

Legal Skills in Action Answer Section 31.1 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.

End of Section 31.1