Section 31 “Marriage Formalities and Restrictions” Marriage Laws Section 31 “Marriage Formalities and Restrictions”

Government’s Role in Marriage Viewed by many as the basis of the family unit Considered vital to the preservation of values and culture Following the US Constitution guidelines, each state is permitted to prescribe who is allowed to marry and how it can be dissolved Each state must recognize the laws and court decisions of other states

The Marriage Contract Marriage is a personal relationship between two people Civil contract is created when you become engaged Contains consideration Capacity to contract Mutual consent For a legal purpose

The Marriage Contract While the couple is engaged, the marriage contract is in its executory stage Contract is executed when the wedding occurs If the wedding is called off, certain conditions apply as to who gets the ring

Rights and Duties Marriage contract changes your legal status Law gives both people new rights and duties The right to support your spouse when necessary The right to inheritance from deceased spouse 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

Premarital Agreements AKA – “prenuptial agreement” Made between prospective spouses in contemplation of marriage Partners must fully disclose all assets to each other Make honest statements Must be in writing Signed by both parties

Prohibited Marriages Marriage between relatives Bigamy Polygamy Consanguinity – related by blood Affinity – related by marriage Bigamy Having 2 spouses at the same time Polygamy Having more than 2 spouses at the same time

The Requirements of Marriage Age requirements Without parent consent = 18 (except Mississippi and Nebraska) With parent consent depends on state Some states also require court approval Statistically, teenagers are more likely to get divorced – laws are put in place to protect them

Common-Law Marriage Informal type of marriage originating in England Did not need a formal ceremony – only had to agree between themselves that they were married Today 11 states still recognize this law Parties must live together for a specified number of years (varies in states)

Ceremonial Marriage Most states require some kind of ceremony to solemnize the marriage Must be performed by someone authorized by state law

Marriage License A certificate issued by a government office that gives permission to 2 people to marry Good for a specified time period (depending on the state) Can expire if not used within that period Typically a short waiting period to be used A fee is charged Used only in state of issuance

Other requirements/options Some states require a blood test or physical examination Proxy marriage one or both of the parties can’t be present for the wedding, an agent acts on their behalf The “Uniform Marriage and Divorce Act” Use of various names Husbands/spouses last name Hyphenating maiden name and husbands last name