Section 31.1
Marriage Formalities and Restrictions
Section
31.1
Marriage
Formalities and
Marriage
Chapter 31
Restrictions
Section 31.1
Marriage Formalities and Restrictions
Section 31.2
Marriage Laws
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
What You’ll Learn
How to state when the marriage contract
actually takes place (p. 674)
How to describe the rights and duties
involved in the marriage contract (p. 674)
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
What You’ll Learn
How to explain the requirements of a
premarital agreement and state when they
are important (p. 677)
How to identify marriages that are
prohibited by law (p. 679)
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
Why It’s Important
The more you know about marriage laws and
restrictions, the less likely you are to enter an
unstable marriage.
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
Legal Terms
premarital agreement (p. 677)
consanguinity (p. 679)
affinity (p. 679)
bigamy (p. 680)
polygamy (p. 680)
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
Section Outline
Government’s Role in Marriage
The Marriage Contract
Rights and Duties
Premarital Agreements
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
Section Outline
Prohibited Marriages
Marriage Between Relatives
Bigamy and Polygamy
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
Pre-Learning Question
What is the government’s role in
marriage?
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
Government’s Role in Marriage
Each state is permitted, following U.S.
Constitutional guidelines, to prescribe
who is allowed to marry and how a
marriage can be dissolved. However,
each state must also recognize the
laws and court decisions of other
states.
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
Government’s Role in Marriage
Eight states (Arizona, Colorado,
Illinois, Kentucky, Minnesota, Missouri,
Montana, and Washington) have
adopted the Uniform Marriage and
Divorce Act.
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
Pre-Learning Question
What is in the marriage contract?
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
The Marriage Contract
Marriage is a civil contract that comes
into existence when you become
engaged.
Understanding Business and Personal Law
Marriage
31.1 31.1 Marriage Formalities and
Section
Restrictions
The Marriage Contract
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
Section 31.1 Marriage Formalities and
Restrictions
The Marriage Contract
While a couple is engaged, the
marriage contract is in its executory
stage.
The contract is executed when the
wedding occurs.
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
Rights and Duties
The marriage contract gives both
husband and wife new rights and
duties, which are intended to provide
protection to both parties.
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
Rights and Duties
People who live together without
being married do not receive this
special protection.
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
Rights and Duties
The following are some of the rights
given by law when you marry:
The right to support by your spouse
when necessary
The right to inheritance from your
deceased spouse
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
Rights and Duties
The right to property if the marriage
ends
The right to compensation to
continue your standard of living if
the marriage ends
The right to file a joint income tax
return
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
Rights and Duties
The primary duty that arises from the
marriage contract is the duty of being
faithful to your spouse.
This duty cannot be relinquished,
even by agreement.
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
Rights and Duties
Other duties, in general, flow from the
rights previously discussed.
For example, if your spouse has the
right to receive support, then you have
the duty to provide it.
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
Premarital Agreements
A premarital agreement, also called
an antenuptial or prenuptial
agreement, is made between
prospective spouses in contemplation
of marriage and becomes effective
upon marriage.
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
Premarital Agreements
It concerns the real and personal
property the couple will own during
their marriage, and it sets forth how
property interests will be handled if the
marriage ends by death or divorce.
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
Premarital Agreements
A premarital agreement must be in
writing and signed by both parties.
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
Premarital Agreements
Although laws vary from state to state,
parties to a premarital agreement
generally may contract with respect to
the following issues:
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
Premarital Agreement Issues
The rights and obligations of each
of the parties with regard to any of
the property of either or both of
them
The change or elimination of
support
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
Premarital Agreement Issues
The right to buy, sell, manage, and
control real and personal property
The disposition of real and personal
property upon separation, divorce,
or death
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
Premarital Agreement Issues
The making of a will
Ownership of and benefits from life
insurance policies
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
Pre-Learning Question
What types of marriages are
prohibited?
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
Prohibited Marriages
Prohibited marriages are
those between certain relatives
marriages by one party to two or
more people at the same time
in most states, marriages between
persons of the same sex
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
Marriage Between Relatives
Statutes in many states prohibit
marriage between certain persons
who are related by consanguinity
(blood) or affinity (marriage).
Understanding Business and Personal Law
Marriage
31.1 31.1 Marriage Formalities and
Section
Restrictions
Marriage Between Relatives
If you married any of the following relatives,
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
Understanding Business and Personal Law
Granddaughter-in-law or Grandson-in-law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
Bigamy and Polygamy
A marriage that is contracted while
either party is already married is void
in all states, unless the prior marriage
is ended by annulment.
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
Bigamy and Polygamy
Bigamy is the act of having two
spouses at the same time.
Polygamy is the act of having more
than two spouses at once.
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
What is the difference between
consanguinity and affinity?
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
ANSWER
Consanguinity means being related by
blood; affinity means being related by
marriage.
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
What is the difference between
bigamy and polygamy?
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
ANSWER
Bigamy means having two spouses at
once; polygamy means having more
than two spouses at once.
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
Section 31.1 Assessment
Reviewing What You Learned
1. When does the marriage contract
actually come into existence?
Explain your answer.
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
Section 31.1 Assessment
Reviewing What You Learned
Answer
When you become engaged.
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
Section 31.1 Assessment
Reviewing What You Learned
Answer
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.
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
Section 31.1 Assessment
Reviewing What You Learned
2. List five rights that are given by law
to people when they marry.
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
Section 31.1 Assessment
Reviewing What You Learned
Answer
(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;
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
Section 31.1 Assessment
Reviewing What You Learned
Answer
(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.
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
Section 31.1 Assessment
Reviewing What You Learned
3. What is a premarital agreement,
and why is it important?
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
Section 31.1 Assessment
Reviewing What You Learned
Answer
An agreement between prospective
spouses made in contemplation of
marriage and to be effective upon
marriage.
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
Section 31.1 Assessment
Reviewing What You Learned
Answer
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.
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
Section 31.1 Assessment
Reviewing What You Learned
4. Provide three examples of
marriages that are prohibited by
law.
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
Section 31.1 Assessment
Reviewing What You Learned
Answer
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.
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
Section 31.1 Assessment
Critical Thinking Activity
Fairness
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
Section 31.1 Marriage Formalities and
Restrictions
Section 31.1 Assessment
Critical Thinking Activity
Fairness
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
Section 31.1 Marriage Formalities and
Restrictions
Section 31.1 Assessment
Critical Thinking Activity Answer
Fairness
Answers will vary.
Understanding Business and Personal Law
Marriage
Section 31.1 Marriage Formalities and
Restrictions
Section 31.1 Assessment
Legal Skills in Action
The 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
Section 31.1 Marriage Formalities and
Restrictions
Section 31.1 Assessment
Legal Skills in Action
The 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
Section 31.1 Marriage Formalities and
Restrictions
Section 31.1 Assessment
Legal Skills in Action Answer
The 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.
Understanding Business and Personal Law
Marriage
End of Section 31.1
Marriage Formalities and Restrictions