Marriage

A personal relationship between a man and a woman rising out of a civil contract Engagement is a bilateral contract Man entitled to return engagement ring if contract broken

Rights and Duties Support by one’s spouse Right of inheritance from deceased spouse Right to property if marriage ends Right to continue one’s standard of living Right to file a joint income tax return

Premarital Agreements Written agreement between prospective spouses made in contemplation of marriage to be effective upon marriage Antenuptial/prenuptial Must fully disclose assets Who Wants to Marry a Multi- Millionaire? Definitely a Prenuptial! At least the Isuzu Trooper and 3 carat ring are all mine!

Prenuptial Agreements Continued Property Real/Personal Property Change/Elimination of Support Making of a Will Life Insurance Yes, Here They Are Again!

Premarital Act in Indiana Agreement enforceable without consideration Mortgage Property Spousal Maintenance Will Life Insurance

Who May Marry (IC ) Only a female may marry a male Only a male may marry a female SAME GENDER void even if marriage is lawful in the place where solemnized

Who May Marry Two individuals may NOT marry if more closely related than second cousins If both are 65 years old, may marry first cousin

Who May Marry Two individuals may NOT marry if either has a husband or wife who is alive May not marry unless BOTH 18 or must have consent

Authority in Indiana IC Friends Church German Baptists Bahai Faith Church of Latter Day Saints Imam of a Masjid (mosque) in accordance of Islam religion Clergy of religious organization Judge Mayor (within mayor’s county) Clerk or clerk- treasurer of a town Clerk circuit of court

Voidable Marriages If party to marriage was incapable because of: –Age –Mental Incompetence Marriage voidable if brought about through fraud on part of one of parties

Void Marriages If either party has wife/husband living when marriage was solemnized Closer than second cousins –Void if after Sept 1, 1977 –Parties are 1 st cousins –At least 65 when marriage was solemnized Mentally incompetent Common Law marriage after January 1, 1958

Marriage Formalities Age Requirements –Common Law –Male 14, Female 12 –Indiana Law –Less than 18 must obtain consent Common Law Marriage –Common Law parties just agreed married –States recognizing Common Law marriage –Alabama, Colorado, Georgia, Idaho, Iowa, Kansas, Montana, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas, District of Columbia

Consent to Marry Required for Certain Individuals (IC ) Less than 18 must have consent Consent by both parents or guardian If one parent, statement explaining why only one parent is signing (death, abandoned, etc.)

More on Common Law Marriages Divorce is required to end marriage Parties must have agreed husband and wife Must have dwelled together Must have held themselves to world as husband and wife

Marriage License A certificate issued by a governmental office giving permission for two people to marry Uniform Marriage and Divorce Act states application must contain the following Name, sex, occupation, ssn, dob/pob Name of former spouse Parent/guardian addresses Whether parties are related Names/birthdays of any children Must pay a fee for license

Marriage License/Certificate IC Must obtain a marriage license from clerk of circuit court in county of residence If not from Indiana, where marriage is solemnized Application contains –Full Name –Birthplace –Residence –Age –Dependent Children –Maiden Name of Mother –Adoptive Parents –Etc.

No License Unless…. Female at least 15 yrs AND Female is pregnant or a mother Male at least 15 AND Father of expected child

Medical Tests in Indiana IC Female must be examined by physician who holds an unlimited license to practice medicine A test is not required if: –Object for medical reason –At least 50 yrs old –Evidence of sterilization –Present evidence of immunity to rubella –Written record of rubella vaccine on or after 1 st birthday

Prohibited Marriages Relatives More than one spouse Persons of same sex (most states)

Persons Who Are Related Consanguinity (blood)Affinity (marriage) Mother/FatherStepmother/Stepfather Grandma/GrandpaStep Grma/Step Gpa Daughter/SonStep Daughter/Step Son Granddaughter/GrandsonStep-granddaughter/son Aunt/UncleMother-in-Law/Father-in- Law Sister/BrotherGrandpa/ma-in-law Niece/NephewDaughter-in-law/Son-in-law Granddaughter/son-in-law

Bigamy/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—2 spouses at same time Polygamy—MORE than 2 spouses at one time