Book Opener

CHAPTERASSESSMENTSection 31.1 Marriage Formalities andRestrictions● Each state is permitted, following U.S. Constitutionalguidelines, to prescribe who is allowed tomarry and how a marriage can be dissolved.However, each state must also recognize the lawsand court decisions of other states. Marriage is acivil contract that comes into existence when youbecome engaged. At the time of engagement,there is an agreement containing consideration (apromise to give up the legal right to remain single)between two parties who have the capacity tocontract, by mutual consent and for a legalpurpose. While a couple is engaged, the marriagecontract is in its executory stage. The contract isexecuted when the wedding occurs. Under commonlaw, if one of the parties failed to go throughwith the marriage after becoming engaged, theother party could sue for damages caused bybreach of the marriage contract. However, this isno longer the law in most states today.● The marriage contract imposes rights and dutiesthat provide financial protection to both partiesto the marriage. If you are married, you have thefollowing rights: (1) the right to support by yourspouse when necessary; (2) the right to inheritancefrom your deceased spouse; (3) the right to propertyif the marriage ends; (4) the right to compensationto continue your standard of living ifthe marriage ends; and (5) the right to file a jointincome tax return. The primary duty that arisesfrom the marriage contract, however, is the dutyof being faithful to your spouse.● A premarital agreement must be in writing andsigned by both parties prior to getting married. Inmaking a premarital agreement, you must makehonest statements, and you and your partnermust fully disclose your assets to each other. Insome states, a different attorney must represent●each party. Although laws vary from state tostate, parties to a premarital agreement generallymay contract with respect to the following issues:(1) the rights and obligations of each of the partieswith regard to any of the property of either orboth of them; (2) the right to buy, sell, manage,and control real and personal property; (3) thedisposition of real and personal property uponseparation, divorce, or death; (4) the change orelimination of support; (5) the making of a will;and (6) the ownership of and benefits from lifeinsurance policies.Certain types of marriage are prohibited,including marriages between relatives, marriagesthat result in bigamy or polygamy, and marriagesbetween persons of the same sex. Bigamy isthe act of having two spouses at the same time.Polygamy is the act of having more than twospouses at the same time.Section 31.2 The Requirements of Marriage● Most states require a marriage to be solemnized.In most states, a person can be married at the ageof 18 without a parent’s consent and at a youngerage with permission. Most states have a waitingperiod before a marriage license is issued, andsome states require a blood test to screen forcertain infectious diseases or conditions affectingchildbirth.● Eleven states and the District of Columbiarecognize common-law marriage. In thosejurisdictions, a common-law marriage occurswhen the parties agree, by words in the presenttense, that they are husband and wife. They mustcohabit for a certain time period, and they mustpresent themselves to the rest of the world ashusband and wife. A divorce is required to end acommon-law marriage. A ceremonial marriage issolemnized by a ceremony or serious rite.688 Unit 7: Planning for the Future