Section 31.1.

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.

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.

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.

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

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.

The right to buy, sell, manage, and control real and personal property. The disposition of real and personal property upon separation, divorce, or death.

The making of a will. Ownership of and benefits from life insurance policies.

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

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

Section 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.

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

Section 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;

Section 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.

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

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

Section 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.

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

Section 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 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 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 Assessment Critical Thinking Activity Answer Fairness Answers will vary.

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

Chapter 13: Marriage & Divorce

Section 31.2

What You’ll Learn How to describe the marriage laws in your state with regard to age requirements, ceremony, medical exams, and license (pp )

What You’ll Learn How to differentiate between a common-law marriage and a ceremonial marriage (pp )

Why It’s Important Understanding the various marriage laws will make you better prepared when the time comes to choose a spouse.

Section Outline The Requirements of Marriage Age Requirements
Common-Law Marriage Ceremonial Marriage Covenant Marriage

Section Outline The Requirements of Marriage, continued
Marriage License Waiting Period Blood Test/Physical Examination Proxy Marriage Use of Various Names

What do you think are some of the legal requirements for marriage?

The Requirements of Marriage
Each state has its own laws regulating marriage, but most state laws address the following issues: Age Type of marriage License

The Requirements of Marriage
Waiting period Blood test/physical exam

Age Requirements With exceptions in Mississippi and Nebraska, you can be married at age 18 without your parent’s consent. You can be married at a younger age if a parent or guardian gives permission.

Common-Law Marriage In England, under the common law, people did not need to have a formal ceremony to bind them in wedlock. Instead they only had to agree between themselves that they were married.

Common-Law Marriage No witnesses were required, and the agreement could be either oral or written. This informal type of marriage, called a common-law marriage, came to America with the early colonists.

Common-Law Marriage Today, 11 states and the District of Columbia still recognize common-law marriages.

Common-Law Marriage With a few exceptions, the states that recognize the common-law marriage require the following elements:

Common-Law Elements The parties must agree, by words in the present tense, that they are husband and wife. The parties must cohabit, or live together for a certain time period.

Common-Law Elements The parties must represent themselves as being husband and wife so that the public recognizes their marital status.

Common-Law Elements This representation may be accomplished by actions such as introducing your partner as your spouse, and by sharing a joint bank account.

Ceremonial Marriage From early colonial times, a marriage ceremony could only be officiated by a cleric or magistrate. Today, most states still require some kind of ceremony or other serious rite to solemnize marriage.

Ceremonial Marriage As long as the parties declare that they take each other as husband and wife in the presence of a person authorized by state law to solemnize marriages, no particular form must be followed.

Covenant Marriage The covenant marriage, adopted in Arkansas, Arizona, and Louisiana, is an attempt to reduce divorce and protect children.

Covenant Marriage The parties to a covenant marriage must undergo counseling before the wedding and during the marriage to solve conflicts. Couples can divorce only after a two-year separation.

Marriage License A marriage license is a certificate issued by a government office that gives permission to two people to marry.

Marriage License Once issued, the license becomes effective after any waiting period required by state law but expires if the couple doesn’t marry within that time period.

Waiting Period Today, most states have a waiting period before a license is issued. This gives both the man and woman time to reconsider their decision.

Blood Test/Physical Examination
Some states require a blood test or physical examination before a marriage license is issued.

Blood Test/Physical Examination
These tests may screen prospective spouses for AIDS Venereal disease Sickle cell anemia Rubella Infectious tuberculosis

Use of Various Names Under common law, people may use any name provided they do not do so to commit fraud. A wife does not have to adopt her husband’s surname (last name), for example.

If Maria and Eddie meet at St
If Maria and Eddie meet at St. Joseph’s Cathedral to exchange wedding vows in front of 200 guests, what type of marriage are they demonstrating?

ANSWER Ceremonial

If Maria and Eddie agree to undergo counseling before their wedding and during their marriage, why type of marriage are they demonstrating?

ANSWER Covenant

If Maria and Eddie live together for six years and have a joint checking account for Mr. and Mrs. Eduardo Perez, what type of marriage are they demonstrating?

ANSWER Common-law

Section Assessment Reviewing What You Learned Under today’s law, at what age may a person in most states marry without parental consent?

Section Assessment Reviewing What You Learned Answer Age 18.

Section Assessment Reviewing What You Learned What is the difference between a common-law marriage and a ceremonial marriage?

Section Assessment Reviewing What You Learned Answer A common-law marriage is an informal type of marriage requiring no ceremony. The parties must agree that they are husband and wife, they must cohabit, and must present themselves to the public as being husband and wife.

End of Section 31.2

Section 32.1

Divorce and Its Legal Consequences Chapter 32
Section 32.1 Ending a Marriage Section 32.2 Divorce Settlement

What You’ll Learn How to describe an annulment, a legal separation, and a divorce (p. 694) How to list the general grounds for an annulment (p. 694)

What You’ll Learn How to distinguish between one’s residence and one’s domicile and discuss what this means in a divorce proceeding (p. 699)

Why It’s Important Learning about divorce laws will help you better deal with the process should you ever be involved in a divorce.

Section Outline How Marriages End Legal Separation and Divorce
Legal Separation and Divorce Grounds for Divorce No-Fault Divorce Traditional Grounds for Divorce

Section Outline Domicile and Residence Requirements Domicile

How Marriages End A marriage comes to an end in one of three ways:
The death of one of the parties Annulment Divorce

How Marriages End An annulment is a declaration by the court that the marriage was never effective; it was void from the beginning. Generally, marriages can be annulled on the grounds of duress and fraud.

How Marriages End When someone is forced to marry against his or her will, it is considered duress. When a person is persuaded to marry by misrepresentation, it is fraud.

Legal Separation and Divorce
A legal separation, also called a limited divorce or a separation from bed and board, is a court judgment ending the right to cohabitation.

Legal Separation and Divorce
In contrast, a divorce (called dissolution of marriage in some states) is a declaration by the court that a valid marriage has come to an end.

What are grounds for divorce?

Grounds for Divorce The grounds for divorce vary among the states. There are two main options: No-fault divorce, and Traditional grounds for divorce.

No-Fault Divorce Almost all states have a no-fault divorce law, which eliminates the need to prove that one party is to blame.

Traditional Grounds for Divorce
Traditional grounds for divorce include: Adultery Cruelty Desertion

Traditional Grounds for Divorce
Alcoholism or drug addiction Nonsupport Conviction of a felony

Adultery Having a voluntary sexual relationship with someone other than your spouse is called adultery. It is a crime in some states, in addition to being grounds for divorce.

Cruelty Generally, to prove cruelty, you must show that there has been personal violence that endangers your life or health and that makes living together unsafe or unbearable.

Desertion The unjustified separation of one spouse from the other with the intent of not returning, for a time set by law (normally one year) is called desertion.

Alcoholism or Drug Addiction
Habitual intoxication, either with alcohol or drugs, is grounds for divorce in many states. The habit must be confirmed, persistent, voluntary, and excessive.

Nonsupport To seek a divorce for nonsupport, you must show that your spouse had the ability to provide economic support but willfully failed to do so.

Conviction of a Felony Many states allow a divorce if either party is convicted of a felony, an infamous (disgraceful) crime, or a crime of moral turpitude (one that is morally wrong).

Tonya married Raymond when she was 14 because he convinced her she would be better off with him than at school.

Tonya, now 16, wants to leave. What type of dissolution should she seek? Why?

ANSWER Annulment; the marriage was void from the beginning.

Gabriel wants Julia to move out because he feels her problems with alcohol are affecting their children, although he says he doesn’t want a divorce.

What alternative should Gabriel discuss with his attorney? Why?

ANSWER A legal separation; because he doesn’t want a final divorce, he just wants to end his wife’s right to cohabitation at this point.

Kim feels that Len has been mentally cruel to her for years, and even if they resolve their differences, she feels she could never be reconciled to him again.

What alternative should Kim discuss with her attorney?

ANSWER Divorce; because they have irreconcilable differences.

How does domicile and residence affect divorce?

Residence Requirements
A residence is a place where you actually live, or reside. It may or may not be your domicile.

Residence Requirements
In addition to requiring that persons seeking divorces be domiciled in their jurisdiction, most states have particular residence requirements.

Section Assessment Reviewing What You Learned What is the difference between an annulment, a legal separation, and a divorce?

Section Assessment Reviewing What You Learned Answer Annulment—a declaration by the court that the marriage was never effective; it was void from the beginning. Legal separation—a court judgment ending the right to cohabit.

Section Assessment Reviewing What You Learned Answer Divorce—a declaration by the court that a valid marriage has come to an end.

Section Assessment Reviewing What You Learned Explain the general grounds for an annulment.

Section Assessment Reviewing What You Learned Answer Duress and fraud.

Section Assessment Reviewing What You Learned In legal terms, contrast a legal separation with a divorce.

Section Assessment Reviewing What You Learned Answer A legal separation is also called a limited divorce or a separation from bed and board. A divorce is called dissolution of marriage.

Section Assessment Reviewing What You Learned Answer The legal separation resolves the issues of child custody and support, but the parties remain married until there is an absolute (final) divorce.

Reviewing What You Learned Describe the common grounds for divorce?
Section Assessment Reviewing What You Learned Describe the common grounds for divorce?

Section Assessment Reviewing What You Learned Answer Adultery—voluntary sexual relationship involving a married person and someone other than his or her spouse.

Section Assessment Reviewing What You Learned Answer Cruelty—actual personal violence that endangers the life or health of a spouse and that makes living together unsafe or unbearable.

Section Assessment Reviewing What You Learned Answer Desertion—the unjustified separation of one spouse from another, for a time set by law (normally one year) with the intent of not returning.

Section Assessment Reviewing What You Learned Answer Alcoholism or Drug Addiction—habitual intoxication, either with alcohol or drugs. The habit must be confirmed, persistent, voluntary, and excessive.

Section Assessment Reviewing What You Learned Answer Nonsupport—a spouse seeking divorce for nonsupport must show that the other spouse had the ability to provide economic support and willfully failed to do so.

Section Assessment Reviewing What You Learned Answer Conviction of a felony—many states allow a divorce if either party is convicted of a felony, an infamous crime, or a crime of moral turpitude.

Section Assessment Reviewing What You Learned How does distinguishing between one’s residence and one’s domicile relate to a divorce proceeding?

Section Assessment Reviewing What You Learned Answer A domicile is one’s principal place of living; the person asking for a divorce must be domiciled where the court is located.

End of Section 32.1

Section 32.2

What You’ll Learn How to identify factors considered in determining alimony payments (p. 702) How to describe the way marital property is distributed when a couple divorces (p. 702)

Why It’s Important Understanding the laws about alimony, property distribution, custody, and support can help you through a difficult divorce.

Section Outline Alimony Marital Property
Marital Property Custody and Support of Children Custody of Children Support of Children

Alimony In the legal context of divorce, alimony is an allowance for support and maintenance made to a divorced person by a former spouse. It is not intended as a penalty.

Alimony There is no fixed rule for determining the amount of alimony.
However, certain factors are taken into consideration.

Alimony These include your: Income and earning capacity
Financial resources Future prospects

Alimony Current obligations The number of dependents
The number of former or subsequent spouses

Alimony Also considered are your spouse’s: Situation in life
Earning capacity Separate property

Alimony Contribution to your property Age Health Obligations
Number of dependents

Marital Property Most states have laws intended to assure equitable distribution of marital property when a couple divorces.

Marital Property Equitable distribution laws allow judges to distribute property equitably, or fairly, between a husband and wife, regardless of who has title to the property.

Marital Property Judges consider the Age of each spouse
Individual earning power of each spouse

Marital Property Length of the marriage
Contributions of each spouse to the marriage, including the value of homemaking services

How are children provided for in a divorce?

Custody and Support of Children
Many states have passed laws to protect children in the event of divorce.

Custody of Children The parents of children born within a marriage are considered to be joint guardians of their offspring. If they break up, each parent has equal right to custody of the children.

Custody of Children 32.2 Legal custody
Is the parent’s right to make major decisions about the child’s health, education, and welfare. Physical custody Deals with the living arrangements of the child on a daily basis. Gives all parental rights, duties, and powers to one parent. The children live with the custodial parent, and visitation rights are given to the noncustodial parent. Sole custody Divides the rights duties, and powers between the parents. The children live with each parent at different times. Joint custody

Custody of Children Custody arrangements must be approved by the court and can be made by Agreement between the parties Mediation The decision of a judge

Custody of Children In awarding custody, the court attempts to determine what is in the best interests of the child.

Support of Children Child support is a basic obligation of every parent. This obligation exists regardless of which parent has custody.

State Guidelines Federal regulations require that every state adopt child support guidelines. The guidelines must: Take into consideration all earnings and income of the noncustodial parent.

State Guidelines Have specific criteria and a mathematical formula that determine the support obligation. Provide for the children’s healthcare needs, through insurance coverage or other means.

State Guidelines Federal regulations also recommend that states adhere to the following principles when establishing their guidelines:

State Guidelines Both parents should share responsibility for support of their children in proportion to their income.

State Guidelines The subsistence needs of each parent should be considered, but the child support obligation should never be set at zero.

State Guidelines Child support must cover a child’s basic needs, plus ensure that the child is entitled to share in a parent’s standard of living.

State Guidelines Each child has an equal right to share in his or her parent’s income, subject to the child’s age, the parent’s income, income of a current spouse, and other dependents.

State Guidelines Each child is entitled to support, even if the parents were not married at the time of his or her birth.

State Guidelines A guideline should encourage the involvement of both parents in the child’s upbringing.

Enforcement A legal order for child support is necessary to assure enforcement of child support. The Uniform Interstate Family Support Act (UIFSA) allows support orders of one state to be enforced in every state.

Enforcement The act also provides for the registration of support orders in different states so that people who do not pay can be found more easily.

What is the difference between the custody of children and the support of children?

ANSWER Custody means being a guardian, while support means providing money.

What is the difference between alimony and child support?

ANSWER Alimony provides financial support for the former spouse, while child support provides financial support for the offspring.

Section Assessment Reviewing What You Learned What factors are taken into consideration when determining the amount of alimony to be awarded?

Section Assessment Reviewing What You Learned Answer The court considers the income and earning capacity of each spouse, financial resources, future prospects, current obligations, the number of dependents, and the number of former spouses demanding alimony.

Section Assessment Reviewing What You Learned Answer Also considered are the other’s spouse’s situation in life, earning capacity, separate property, contribution to the other’s property, age, health, obligations, and number of dependents.

Reviewing What You Learned Explain the equitable distribution laws.
Section Assessment Reviewing What You Learned Explain the equitable distribution laws.

Section Assessment Reviewing What You Learned Answer These laws allow judges to distribute property fairly between husband and wife, regardless of who has title to the property.

Section Assessment Reviewing What You Learned Describe the difference between sole and joint custody.

Section Assessment Reviewing What You Learned Answer Sole custody gives all parental rights, duties, and powers to one parent; whereas joint custody divides the rights, duties, and powers between the parents.

Critical Thinking Activity Enforcement
Section Assessment Critical Thinking Activity Enforcement What do you think might happen if the Uniform Reciprocal Enforcement Support Act were not enforced in all states?

Critical Thinking Activity Answer Enforcement
Section Assessment Critical Thinking Activity Answer Enforcement Answers may vary, but could suggest that states that didn’t enforce the act would be a haven for parents who didn’t want to pay child support.

Legal Skills in Action Asset Distribution
Section Assessment Legal Skills in Action Asset Distribution Milka and Marvin are divorcing after 25 years of marriage. Together they own a home worth $125,000, furniture worth $56,500, and two cars worth $22,300, and they have approximately $45,630 in cash.

End of Section 32.2

Section 31.1.

Similar presentations

Presentation on theme: "Section 31.1."— Presentation transcript:

Similar presentations

About project

Feedback

Log in

Auth with social network:

Section 31.1.

Similar presentations

Presentation on theme: "Section 31.1."— Presentation transcript:

Similar presentations

About project

Feedback