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death of the biological parent, the assets of that parent can pass to thenew spouse, and in effect, disinherit the children of the deceased parent.Written agreements are also important for people who live togetherwithout being married. In such arrangements, people don’t receive theprotection that is given automatically to those who are married. Writtenagreements can address such issues as financial responsibility andproperty ownership, as well as the other issues mentioned previously.Prohibited MarriagesCertain types of marriages are illegal because they are opposed topublic policy. Prohibited marriages are those between certain relatives,marriages by one party to two or more people at the same time, and inmost states, marriages between persons of the same sex.Marriage Between RelativesStatutes in many states prohibit marriage between certain personswho are related by consanguinity (blood) or affinity (marriage). Inthese states, such marriages are void. Some states base their law on thecommon law, which made it illegal to marry certain relatives. Figure31.2 shows which relatives it is illegal to marry under the common law.If you married any relatives listed in Figure 31.2, then the marriagewould be void, and any children born of the union would be illegitimate.Under the common law, it would be illegal to marry a person related byaffinity, even after the relationship that binds the parties ends by deathor divorce.Under the NapoleonicCode, people under 30years of age could notmarry without theirfather’s permission. Inaddition, a father couldhave his child incarceratedfor as long as sixmonths based on hisword alone.Figure 31.2ConsanguinityMother or FatherGrandmother or GrandfatherDaughter or SonGranddaughter or GrandsonAunt or UncleSister or BrotherNiece or NephewAffinityStepmother or StepfatherStep-grandmother or Step-grandfatherStepdaughter or StepsonStep-granddaughter or Step-grandsonMother–in-law or Father-in-lawGrandmother-in-law or Grandfather-in-lawDaughter-in-law or Son-in-lawGranddaughter-in-law or Grandson-in-lawMARRIAGES BETWEEN RELATIVESMarriage to these relatives was prohibited bycommon law. Many states have changed thislaw. How is being related by consanguinitydifferent from being related by affinity?Chapter 31: Marriage 679

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