Book Opener

l How to state when themarriage contractactually takes placel How to describe therights and dutiesinvolved in themarriage contractl How to explain therequirements of apremarital agreementand state when theyare importantl How to identifymarriages that areprohibited by lawThe more you know aboutmarriage laws andrestrictions, the less likelyyou are to enter anunstable marriage.l premarital agreementl consanguinityl affinityl bigamyl polygamyMarriage Formalitiesand RestrictionsGovernment’s Role in MarriageMarriage is viewed by many as the basis of the family unit and istherefore considered vital to the preservation of values and culture. Eachstate is permitted, following U.S. Constitutional guidelines, to prescribewho is allowed to marry and how a marriage can be dissolved. However,each state must also recognize the laws and court decisions of otherstates. Eight states (Arizona, Colorado, Illinois, Kentucky, Minnesota,Missouri, Montana, and Washington) have adopted the Uniform Marriageand Divorce Act.The Marriage ContractMarriage is a personal relationship between a man and a woman,but it is also a civil contract that comes into existence when you becomeengaged. At the time of engagement, there is an agreement containingconsideration (a promise to give up the legal right to remain single)between two parties who have the capacity to contract, by mutualconsent and for a legal purpose. While a couple is engaged, the marriagecontract is in its executory stage. The contract is executed whenthe wedding occurs. Under common law, if one of the parties failed togo through with the marriage after becoming engaged, the other partycould sue for damages caused by breach of the marriage contract. However,this is no longer the law in most states today.Example 1. Ramon Hernandez asked Dulce Torres to marry him,and she accepted. A few months later, Dulce changed her mindand called off the engagement. If the parties lived in a state thatstill follows common law on this point, Ramon could sue Dulcefor any damages he suffered because of the breach of contract.In some states, a man is entitled to the return of the engagementring when a marriage is called off. The theory is that the ring is a contingentgift, dependent upon the realization of the marriage. In otherstates, however, courts have allowed a woman to keep the ring if theman ended the engagement.Rights and DutiesWhen you enter into an ordinary contract, your rights and duties arecreated by agreement. The marriage contract, however, changes your674 Unit 7: Planning for the Future