1. Family Law
What is Marriage?

2. What is Marriage?
Legal union between a man and a woman as husband and wife
Binding civil contract (agreement)
Inception of contract is at engagement
Engagement is an agreement
Contains consideration, capacity, mutual consent

3. Elements of the Contract
Consideration – the value given in return for a promise. Must be present for a contract to be valid.
Example: The engagement ring
Capacity – ability to understand and appreciate the consequences of the contract
Example: You go to get the license while you are sober
Mutual consent – two parties agree
Example: My husband asks me to get married and I say yes

4. Engagement – marriage contract is in its executory stage
Contract is fully executed when the wedding occurs

5. Types of Marriages Common-Law Ceremonial
Informal, no ceremony, no witnesses
Agreement is typically oral, not written
Parties must co-habit (or live) together for a certain time period, usually 10 years or more
Ceremonial
Formal, serious rite (sanctify), witnesses
Written, licensed
Parties co-habit indefinitely unless divorce occurs

6. Licenses
Certificate issued by a government office giving permission to marry ($40)
Becomes effective after a waiting period (24 hours)
Will expire if you do not marry within a particular amount of time (60 days)
Gives man and woman time to reconsider their decision to wed
May allow evidence of fraud to be uncovered
Some states require a blood test

7. Who Can Marry? Age Gender Between relatives
In New York, age 18 without parental consent
Gender
In New York, between any genders as of July 24, 2011
Between relatives
Consanguinity – related by blood – typically prohibited
Affinity – related by marriage

8. Marriages not recognized
Bigamy – having two spouses at the same time
Polygamy – more than two spouses at once
Any marriage where the age of one of the parties is under what is legally allowed
Any marriage where a license was not obtained

9. Premarital Agreements – “Prenup”
Written and signed by both parties
Concern real and personal property owned before, during, and potentially after marriage
Becomes effective when marriage contracted is executed

10. Rights and Duties of the Parties
Marital Consortium – mutual duties of husband and wife
Procreation
Raising children
Economic
Companionship
If either partner suffers and injury that prevents fulfillment of the marital duties, the other can sue for damages through “loss of consortium”

11. Additional Rights and Duties
Financial support
Inheritance from deceased spouse
Filing a joint tax return