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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
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
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)
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
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)
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
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.
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
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)
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
Marriage
Government’s Role in Marriage The Marriage Contract
Section OutlineSection Outline
Rights and DutiesPremarital Agreements
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
Marriage
Prohibited Marriages Marriage Between RelativesBigamy and Polygamy
Section OutlineSection Outline
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
Marriage
Pre-Learning Question Pre-Learning Question
What is the government’s role in marriage?
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
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
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
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
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
Marriage
Pre-Learning Question Pre-Learning Question
What is in the marriage contract?
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
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
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
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.
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
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
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
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
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
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.
Rights and Duties Rights and Duties
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
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:
Rights and Duties Rights and Duties
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
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
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
Rights and Duties Rights and Duties
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
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.
Rights and Duties Rights and Duties
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
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.
Rights and Duties Rights and Duties
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
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
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
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.
Premarital Agreements Premarital Agreements
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
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.
Premarital Agreements Premarital Agreements
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
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:
Premarital Agreements Premarital Agreements
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
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
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
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
Premarital Agreement Issues Premarital Agreement Issues
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
Marriage
The making of a willThe making of a willOwnership of and benefits from life Ownership of and benefits from life insurance policiesinsurance policies
Premarital Agreement Issues Premarital Agreement Issues
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
Marriage
Pre-Learning Question Pre-Learning Question
What types of marriages are prohibited?
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
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
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
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
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
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
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
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
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
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
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
Marriage
What is the difference between consanguinity and affinity?
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
Marriage
ANSWERANSWER
Consanguinity means being related by blood; affinity means being related by marriage.
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
Marriage
What is the difference between bigamy and polygamy?
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
Marriage
ANSWERANSWER
Bigamy means having two spouses at once; polygamy means having more than two spouses at once.
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
Marriage
Reviewing What You Learned
1. When does the marriage contract actually come into existence? Explain your answer.
Section 31.1 Assessment
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
Marriage
Reviewing What You Learned
When you become engaged.
Section 31.1 Assessment
Answer
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
Marriage
Reviewing What You Learned
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.
Section 31.1 Assessment
Answer
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
Marriage
Reviewing What You Learned
2. List five rights that are given by law to people when they marry.
Section 31.1 Assessment
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
Marriage
Reviewing What You Learned
(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;
Section 31.1 Assessment
Answer
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
Marriage
Reviewing What You Learned
(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.
Section 31.1 Assessment
Answer
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
Marriage
Reviewing What You Learned
3. What is a premarital agreement, and why is it important?
Section 31.1 Assessment
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
Marriage
Reviewing What You Learned
An agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.
Section 31.1 Assessment
Answer
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
Marriage
Reviewing What You Learned
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.
Section 31.1 Assessment
Answer
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
Marriage
Reviewing What You Learned
Section 31.1 Assessment
4. Provide three examples of marriages that are prohibited by law.
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
Marriage
Reviewing What You Learned
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.
Section 31.1 Assessment
Answer
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
Marriage
Section 31.1 Assessment
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.
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
Marriage
Section 31.1 Assessment
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?
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
Marriage
Section 31.1 Assessment
Critical Thinking Activity AnswerFairness Answers will vary.
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
Marriage
Section 31.1 Assessment
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.
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
Marriage
Section 31.1 Assessment
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.
Understanding Business and Personal Law
Marriage Formalities and Marriage Formalities and Restrictions Restrictions
Section 31.1Section 31.1
Marriage
Section 31.1 Assessment
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