Marriage- personnal relationship beween a man and a woman, arising out of a civil contract
Premarital Agreement- also called an antenuptial or prenuptial agreement, is an agreement between prospective spouses made in contemplation of marriage, to be effective upon marriage. In making a premarital agreement, the parties must be honest in the statements they make to eachother. In addition, they must fully disclose their assets to eachother. In some states, each must be represented by a different attorney.
Common Law Marriage- All that is required was that the parties agree between themselves that they were married.
Ceremonial Marriage- majority of states require a ceremony to solemnize marriage. No particular form of marriage ceremony is required, as long as the parties declare in the presense of a person who has authority by state law to solemnize marriages that they take eachother as husband and wife.
Waiting Period- under common law, in order to give persons who might oppose a marriage the opportunity to object, notices of a forthcoming marriage were required to be published and posted. These notices were called marriage banns.
Proxy Marriage- in a proxy marriage, one or both of the parties to the marriage are absent and are represented by an agent who acts on their behalf.
Prohibited Marriages- certain types of marriages are illegal from the start because they are opppsed to public policy. Amiong these marriages between certain relatives, marriages by one party to two or more other people, and, in most states, marriages between persons of the same sex.
Marriage
Marriage
.Marriage is the legal union of a man and a woman as husband and wife
.most states have minimum age of 18
Government role in marriage
.marriage is viewed by many people to be the basis of the family unit and is vital to the preservation of values and culture
.each state must recognize the laws and court decision of the others
Marriage Contract
.a civil contract is created when a man and a woman become engaged
.while engaged, the marriage contract is in the executory stage
.the contract is executed when the wedding takes places
Breaking the Engagement
.if an engagement is ended, the man is entitled is entitled to the return of the ring in some states
Rights and Duties of Marriage
.The marriage contract gives you new legal status, and new rights and duties
Rights and Duties
.the right to support by your spouse when necessary
.the right to inheritance from your dead spouse
.the right to property if the marriage ends
.the right to compensation to continue a standard of lving if the marriage ends
. the right to file a joint income tax return
Premarital Agreements
.a premarital aggreement(antenuptual or prenuptual) is made between prospective spouses in contemplation of marriage and becomes effective with the marriage
Prohibited Marriages
.Laws in some states may prohibit marriage between people who are related by affinity (marriage) or consanguinity (blood)
.in these states, these marriages are void
.under common law, it was illegal to to marry a person related by affinity, even after a death or divorce.
Bigamy and Polygamy
.a marriage that is contracted while either party is already married is void in all states.
.Bigamy- is the act of having two spouses at the same time
.Polygamy- is the act of having more than two spouses at the same time.
Requirements of Marriage
.age requirements- with exception of Mississippi and Nebraska, you can be married at age of 18 without your parent’s consent
.you can be married at a younger age if the parent or guardian gives permission.
Ceremonial Marriage
.from early colonial times, a marriage ceremony could only be performed by a member of a clergy or magistrate
Covenant Marriage
.covenant marriage requires that the parties msut undergo counseling before the wedding and during the marriage to solve conflicts
Marriage License
.a marriage license is a certificate issued by a goverment office that gives permission to two people to marry
.once issued, the license becomes effective after any waiting period required by state law
.the license will expire if the marriage does not happen within a prescribed time
Proxy Marriage
.in a proxy marriage, one or both of the parties can not be present and an agent acts on their behalf
.these marriages, which are allowed in some states, still require a ceremony
Use of Names
.under common law, people may use any name as long as it is not used to commit fraud
.a wife doesnt have to take her husbands name
Divorce
Annulment
.an annulment is a declaration by the court that the marriage was never effective it was void from the beginnning
.marriages can usually be annulled on the basis of duress and fraud
.when someone is forced to marry against his will, that is considered duress
.when a person is persuaded to marry by misrepresentation, it is considered fraud
.Reasons an annulement is granted
-being below the legal age to marry
-secretly never intending to have children
-concealing pregnancy by someone other than the husband
Legal Separation
.a legal separation, also called a limited divorce or a separation from bed and board, is a court judgement ending the right to cohabitation
.the court will decide issues of child custody and support
.parties remain married until there is a final divorce
Traditional Groundes for Divorce
. Desertion- the unjustified separation of one spouse from the other with no intent of returning
. The spouse seeking the divorce must want the other spouse to return
. nonsupport- the spouse had the ability to provide economic support but willfully failed to do so.
. alcoholism or drug addiction- habitual intoxication is grounds for divorce in many states. The habit must be confirmed, persistent, voluntary and excessive.
Domicile and Residence Requirements
.for a court to hear a case, it must have authority, or jurisdiction
.In a divorce, the courts jurisdiction is based on where the person seeking the divorce makes his or her home
Domicile
.the person seeking the dvorce must be do0miciled within the geographic area the court has jurisidiction
.Domicile -is your principal palce of abode
Residence
.a residence is a place where the party actually live or resides. It may or may not be domicile. Dorms are residences.
Divorce Settlements
.alimony is an allowance for support and maintenance made to a divorced person by a former spouse
.it is not intended as a penalty. It is to maintain the same lifestyle
.alimony is determined with many factors in minde:
-income and earning capacity
-financial resources
-current obligations
-number of dependents
-age, health, exception
.Marital Property- most states have laws that intend to assure equitable distribution of the property that is involved in the marriage
.Equitable distribution laws allow judges to distribute property fairly, or equitably, between spouses, regardless of who has title
.Custody of Children- The parents of children born within a marriage are considered to be joint guardians
.most states divide custody into two parts:
-Legal (major decisions about childs welfare)
-Physical (living arrangements of the child on a daily basis)
.sole custody- one parent does all decision making. awards all parental rights, duties and powers to one parent.
.joint custody- parents make equal decisions. divides the rights, duties, and powers between the parents.
.shared custody- parents equal. Dont provide support for eachother because they are totally equal.
Custody
.in awarding custody, the court attempts to determine what is in the best interests of the child
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