Marriage Formalities and Restrictions

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Section 31.1
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Chapter
Marriage
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Section 31.1 Marriage Formalities and
Restrictions Section 31.2 Marriage Laws
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What Youll 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)

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What Youll 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)

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Why Its Important
The more you know about marriage laws and
restrictions, the less likely you are to enter an
unstable marriage.
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Legal Terms

• premarital agreement (p. 677)
• consanguinity (p. 679)
• affinity (p. 679)
• bigamy (p. 680)
• polygamy (p. 680)

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Section Outline
Governments Role in Marriage   The Marriage
Contract
Rights and Duties Premarital Agreements
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Section Outline
Prohibited Marriages
Marriage Between Relatives Bigamy and Polygamy
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Pre-Learning Question
What is the governments role in marriage?
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Governments 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.
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Governments Role in Marriage
Eight states (Arizona, Colorado, Illinois,
Kentucky, Minnesota, Missouri, Montana, and
Washington) have adopted the Uniform Marriage and
Divorce Act.
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Pre-Learning Question
What is in the marriage contract?
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The Marriage Contract
Marriage is a civil contract that comes into
existence when you become engaged.
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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.
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The Marriage Contract
While a couple is engaged, the marriage contract
is in its executory stage. The contract is
executed when the wedding occurs.
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Rights and Duties
The marriage contract gives both husband and wife
new rights and duties, which are intended to
provide protection to both parties.
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Rights and Duties
People who live together without being married do
not receive this special protection.
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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

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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

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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.
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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.
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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.
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Premarital Agreements
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.
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Premarital Agreements
A premarital agreement must be in writing and
signed by both parties.
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Premarital Agreements
Although laws vary from state to state, parties
to a premarital agreement generally may contract
with respect to the following issues
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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

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Premarital Agreement Issues

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

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Premarital Agreement Issues

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

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Pre-Learning Question
What types of marriages are prohibited?
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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

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Marriage Between Relatives
Statutes in many states prohibit marriage between
certain persons who are related by consanguinity
(blood) or affinity (marriage).
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31.1
Marriage Between Relatives
If you married any of the following relatives,
then the marriage would be void.
 
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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.
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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.
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What is the difference between consanguinity and
affinity?
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ANSWER
Consanguinity means being related by blood
affinity means being related by marriage.
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What is the difference between bigamy and
polygamy?
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ANSWER
Bigamy means having two spouses at once polygamy
means having more than two spouses at once.
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Section 31.1 Assessment
Reviewing What You Learned

1. When does the marriage contract actually come
   into existence? Explain your answer.

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Section 31.1 Assessment
Reviewing What You Learned
Answer
When you become engaged.
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Section 31.1 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.
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Section 31.1 Assessment
Reviewing What You Learned

1. List five rights that are given by law to people
   when they marry.

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Section 31.1 Assessment
Reviewing What You Learned
Answer
(1) the right to support by ones spouse when
necessary (2) the right of inheritance from
ones deceased spouse (3) the right to property
if the marriage ends
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Section 31.1 Assessment
Reviewing What You Learned
Answer
(4) the right to compensation to continue ones
standard of living if the marriage ends and (5)
the right to file a joint income tax return.
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Section 31.1 Assessment
Reviewing What You Learned

1. What is a premarital agreement, and why is it
   important?

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Section 31.1 Assessment
Reviewing What You Learned
Answer
An agreement between prospective spouses made in
contemplation of marriage and to be effective
upon marriage.
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Section 31.1 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.
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Section 31.1 Assessment
Reviewing What You Learned

1. Provide three examples of marriages that are
   prohibited by law.

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Section 31.1 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.
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Section 31.1 Assessment
Critical Thinking Activity Fairness
Ian and Rochell decided to break their engagement
of six months because they believed that they
just werent right for each other.
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Section 31.1 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?
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Section 31.1 Assessment
Critical Thinking Activity Answer Fairness
Answers will vary.
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Section 31.1 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.
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Section 31.1 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.
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Section 31.1 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.
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End of Section 31.1