Marriage Formalities and Restrictions Section 31.1.

Marriage Formalities and Restrictions Marriage Formalities and Restrictions Section 31.1Section 31.1

Understanding Business and Personal Law

Marriage Formalities and Marriage Formalities and Restrictions Restrictions

Section 31.1Section 31.1

Marriage

Section 31.1Section 31.1Marriage Formalities and Restrictions Marriage Formalities and Restrictions

Section 31.2Section 31.2Marriage Laws Marriage Laws

3131ChapterChapter MarriageMarriage




Marriage

What You’ll Learn

How to state when the marriage contract How to state when the marriage contract actually takes place (p. 674)actually takes place (p. 674)

How to describe the rights and duties How to describe the rights and duties involved in the marriage contract (p. 674)involved in the marriage contract (p. 674)




Marriage

What You’ll Learn

How to explain the requirements of a How to explain the requirements of a premarital agreement and state when they premarital agreement and state when they are important (p. 677)are important (p. 677)

How to identify marriages that are How to identify marriages that are prohibited by law (p. 679)prohibited by law (p. 679)




Marriage

Why It’s Important

The more you know about marriage laws and The more you know about marriage laws and restrictions, the less likely you are to enter an restrictions, the less likely you are to enter an unstable marriage.unstable marriage.




Marriage

Legal Terms

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




Marriage

Government’s Role in Marriage The Marriage Contract

Section OutlineSection Outline

Rights and DutiesPremarital Agreements




Marriage

Prohibited Marriages Marriage Between RelativesBigamy and Polygamy

Section OutlineSection Outline




Marriage

Pre-Learning Question Pre-Learning Question

What is the government’s role in marriage?




Marriage

Each state is permitted, following U.S. Each state is permitted, following U.S. Constitutional guidelines, to prescribe Constitutional guidelines, to prescribe who is allowed to marry and how a who is allowed to marry and how a marriage can be dissolved. However, marriage can be dissolved. However, each state must also recognize the each state must also recognize the laws and court decisions of other laws and court decisions of other states.states.

Government’s Role in Marriage Government’s Role in Marriage




Marriage

Eight states (Arizona, Colorado, Eight states (Arizona, Colorado, Illinois, Kentucky, Minnesota, Illinois, Kentucky, Minnesota, Missouri, Montana, and Washington) Missouri, Montana, and Washington) have adopted the Uniform Marriage have adopted the Uniform Marriage and Divorce Act. and Divorce Act.

Government’s Role in Marriage Government’s Role in Marriage




Marriage


What is in the marriage contract?




Marriage

Marriage is a civil contract that comes Marriage is a civil contract that comes into existence when you become into existence when you become engaged. engaged.

The Marriage Contract The Marriage Contract




Marriage

The Marriage ContractThe Marriage Contract

31.131.1

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.




Marriage

While a couple is engaged, the While a couple is engaged, the marriage contract is in its executory marriage contract is in its executory stage. stage.

The contract is executed when the The contract is executed when the wedding occurs.wedding occurs.

The Marriage Contract The Marriage Contract




Marriage

The marriage contract gives both The marriage contract gives both husband and wife new rights and husband and wife new rights and duties, which are intended to provide duties, which are intended to provide protection to both parties.protection to both parties.

Rights and Duties Rights and Duties




Marriage

People who live together without People who live together without being married do not receive this being married do not receive this special protection.special protection.





Marriage

The following are some of the rights The following are some of the rights given by law when you marry:given by law when you marry:


The right to support by your spouse The right to support by your spouse when necessarywhen necessaryThe right to inheritance from your The right to inheritance from your deceased spouse deceased spouse




Marriage

The right to property if the marriage The right to property if the marriage endsendsThe right to compensation to The right to compensation to continue your standard of living if continue your standard of living if the marriage endsthe marriage endsThe right to file a joint income tax The right to file a joint income tax returnreturn





Marriage

The primary duty that arises from the The primary duty that arises from the marriage contract is the duty of being marriage contract is the duty of being faithful to your spouse. faithful to your spouse.

This duty cannot be relinquished, This duty cannot be relinquished, even by agreement.even by agreement.





Marriage

Other duties, in general, flow from the Other duties, in general, flow from the rights previously discussed. rights previously discussed.

For example, if your spouse has the For example, if your spouse has the right to receive support, then you have right to receive support, then you have the duty to provide it.the duty to provide it.





Marriage

A A premarital agreementpremarital agreement, also called , also called an antenuptial or prenuptial an antenuptial or prenuptial agreement, is made between agreement, is made between prospective spouses in contemplation prospective spouses in contemplation of marriage and becomes effective of marriage and becomes effective upon marriage.upon marriage.

Premarital Agreements Premarital Agreements




Marriage

It concerns the real and personal It concerns the real and personal property the couple will own during property the couple will own during their marriage, and it sets forth how their marriage, and it sets forth how property interests will be handled if the property interests will be handled if the marriage ends by death or divorce.marriage ends by death or divorce.





Marriage

A premarital agreement must be in A premarital agreement must be in writing and signed by both parties. writing and signed by both parties.





Marriage

Although laws vary from state to state, Although laws vary from state to state, parties to a premarital agreement parties to a premarital agreement generally may contract with respect to generally may contract with respect to the following issues:the following issues:





Marriage

The rights and obligations of each The rights and obligations of each of the parties with regard to any of of the parties with regard to any of the property of either or both of the property of either or both of themthemThe change or elimination of The change or elimination of supportsupport

Premarital Agreement Issues Premarital Agreement Issues




Marriage

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





Marriage

The making of a willThe making of a willOwnership of and benefits from life Ownership of and benefits from life insurance policiesinsurance policies





Marriage


What types of marriages are prohibited?




Marriage

Prohibited marriages are Prohibited marriages are

Prohibited Marriages Prohibited Marriages

those between certain relativesthose between certain relativesmarriages by one party to two or marriages by one party to two or more people at the same time more people at the same time in most states, marriages between in most states, marriages between persons of the same sexpersons of the same sex




Marriage

Statutes in many states prohibit Statutes in many states prohibit marriage between certain persons marriage between certain persons who are related by who are related by consanguinityconsanguinity (blood) or (blood) or affinityaffinity (marriage). (marriage).

Marriage Between Relatives Marriage Between Relatives




Marriage

31.131.1

Marriage Between RelativesMarriage Between Relatives If you married any of the following relatives, If you married any of the following relatives,

then the marriage would be void.then the marriage would be void.

Consanguinity Affinity

Mother or Father Stepmother or Stepfather

Grandmother or Grandfather Step-grandmother or Step-Grandfather

Daughter or Son Stepdaughter or Stepson

Granddaughter or Grandson Step-granddaughter or Step-grandson

Aunt or Uncle Mother-in-law or Father-in-law

Sister or Brother Grandmother-in-law or Grandfather-in-law

Niece or Nephew Daughter-in-law or Son-in-law

Granddaughter-in-law or Grandson-in-law




Marriage

A marriage that is contracted while A marriage that is contracted while either party is already married is void either party is already married is void in all states, unless the prior marriage in all states, unless the prior marriage is ended by annulment.is ended by annulment.

Bigamy and Polygamy Bigamy and Polygamy




Marriage

BigamyBigamy is the act of having two is the act of having two spouses at the same time.spouses at the same time.

PolygamyPolygamy is the act of having more is the act of having more than two spouses at once.than two spouses at once.

Bigamy and Polygamy Bigamy and Polygamy




Marriage

What is the difference between consanguinity and affinity?




Marriage

ANSWERANSWER

Consanguinity means being related by blood; affinity means being related by marriage.




Marriage

What is the difference between bigamy and polygamy?




Marriage

ANSWERANSWER

Bigamy means having two spouses at once; polygamy means having more than two spouses at once.




Marriage

Reviewing What You Learned

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

Section 31.1 Assessment




Marriage


When you become engaged.


Answer




Marriage


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.


Answer




Marriage


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





Marriage


(1) the right to support by one’s spouse when necessary; (2) the right of inheritance from one’s deceased spouse; (3) the right to property if the marriage ends;


Answer




Marriage


(4) the right to compensation to continue one’s standard of living if the marriage ends; and (5) the right to file a joint income tax return.


Answer




Marriage


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





Marriage


An agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.


Answer




Marriage


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.


Answer




Marriage



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




Marriage


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.


Answer




Marriage


Critical Thinking ActivityFairness Ian and Rochell decided to break their engagement of six months because they believed that they just weren’t right for each other.




Marriage


Critical Thinking ActivityFairness 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?




Marriage


Critical Thinking Activity AnswerFairness Answers will vary.




Marriage


Legal Skills in ActionThe 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.




Marriage


Legal Skills in ActionThe Role of Marriage in Your Life In 2-3 paragraphs, describe the role, if any, that marriage might play in your future life.




Marriage


Legal Skills in Action AnswerThe 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.

Marriage Formalities and Restrictions Marriage Formalities and Restrictions End of Section 31.1End of Section 31.1

Marriage Formalities and Restrictions Section 31.1.

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Transcript of Marriage Formalities and Restrictions Section 31.1.