Business Law Ch 12
Contractual Aspects of Marriage and Divorce
Premarital Relationships and the Law
 Marriage – Legal union of a man and a woman
Age and Premarital Relationships
 No law specifies a minimum age for dating
 Nearly all states have laws setting minimum age
for marriage with or without parental consent
 Minimum age without parental consent is 18
 No law restricts the choice of marital partners
except for – Close relatives may not marry
Age and Premarital Relationships
 Parents that tell their minor child not to date or
not to see a specific person, they can enforce that
order only with the “reasonable force” that they
may use
 If that fails, the parents may have their child
labeled as “incorrigible” (not manageable, out of
control)
 Parent uses excessive force may result in child
abuse charges
Premarital Pregnancy and Child Birth
 If pregnancy results and the male responsible is
identified, he will be required to pay his share of the
female’s medical bills and to contribute to the child’s
support until the child reaches adulthood
 even if the father is a minor
Cohabitation
 Man and women live together outside of
marriage
 Considered illegal until the late 1970s
Marital Contract
 If one party in a heterosexual relationship
proposes marriage and the other accepts, a
binding contract results
 If both mutually agree to end their
engagement, the contract is annulled (law
considers their agreement void and never to
have existed)
Breach-of-Promise Lawsuit
 If only one party wants out of the contract
and refuses to perform, a breach-of-promise
suit may be brought by the other party
 Some states allow such suit only where the
women is pregnant and her ex-fiance is the
father
 Many states have banned such suits
altogether
Breach-of-Promise Lawsuit
 If a third party interferes with the
engagement, a few states allow damage suits
against the intruders.
 Cannot be brought against parents
 If a ring is given in expectation of marriage,
the courts generally order it to be returned.
Legalizing the Marital Contract
 State Statutory Requirements
 Must apply for and pay a fee for a marriage
license
 Most states allow minors as young as 16 to
marry with parental consent
 Some states require a blood test to show that
the applicants are free from various
communicable diseases
Legalizing the Marital Contract
 State Statutory Requirements
 Once licenses has been issued any authorized
religious or civil official can perform
ceremony
 Court clerks, Mayors, Judges, Rabbis, Ministers,
Priests, and even Ship Captains
Legalizing the Marital Contract
 Common-Law Marriages
 Single man and Single woman live
together, share common property, and
held themselves out as husband and wife
over a prolonged period of time (10 year)
Legalizing the Marital Contract
 Civil Unions
 Offers many of the rights, duties, and
benefits as marriage to those who elect to
form it.
 Known as same-sex marriage
 First legalized in 2000 by Vermont
 Federal government of the US has chosen not to
recognize Civil Union
Marital Rights and Duties
 Marital Consortium
 The law recognizes purpose for marriage is to
procreate, raising children, and filling sexual,
economic and companionship needs and these
duties are mutual of the husband and wife
 If either spouse suffers an injury that prevents
fulfillment of there marital duties, the other can
sue the party who caused the harm for damages
for “loss of consortium”
Marital Rights and Duties
 Marital Consortium
 The most important duty of both spouses is to
provide for the support, nurture, welfare, and
education of their children.
Marital Rights and Duties
 Parenthood Rights and Duties
 Parents are obligated by state law to support their
children until they reach adulthood.
 Exception to this is “Emancipated”
 Financial support of the children is a joint
obligation
 Adoption – Parents have the same rights and duties
Marital Rights and Duties
 Property Rights and Duties
 Some times a spouse brings property into
marriage that they want to keep
 They don’t want their spouse to have claim over
it
 Prenuptial Agreement
 Before we marry, agree to keep your personal
property coming in
 Agree on a settlement if you divorce
Nullifying the Marriage Contract
 Ways to end a Marriage
 Death of Spouse
 Annulment
 Divorce
 Variety of Illegalities
Nullifying the Marriage Contract
 Annulment
 Legal procedure for declaring that a voidable
marriage is null and void
 Voidable Marriage – Results from a problem
that existed from the beginning of the supposed
union
 Examples – Refusal to having children or
fraudulent grounds for the marriage contract
Nullifying the Marriage Contract
 Fraudulent Grounds
 Spouse lying to the other
 Wealth
 Condition of pregnancy
 Freedom from disease
 Willingness to have a child
 Past marriage
 Age
Nullifying the Marriage Contract
 Void Marriage
 Creates no rights or duties for either party and
is considered invalid from the beginning
 Declaration of Nullity
 Not an annulment
 Must be sought from an appropriate court to
confirm that status
 Such marriage occurs whenever laws are
violated by the matrimonial union
Nullifying the Marriage Contract
 Declaration of Nullity
 Examples – If one partner is already married
when the second marriage occurs (Bigamist)
o Is a crime
 Stem from an incestuous relationship
o Marriage between close relatives
 Mental Incompetence
Terminating the Marriage Contract
 Divorce or Dissolution
 Court actions that end the marriage and divides the
property and remaining responsibilities between the
parties
 No-Fault Divorce
 Requesting spouse does not have a list a grievence
 No-Fault Marriage Dissolution
 Granted after testimony that there is no chance of
repairing the marriage relationship (Irreconcilable
Differences)
Terminating the Marriage Contract
 Divorce Procedure
 Separation – Spouse maintain separate living
quarters, but their marital rights and obligations
remain intact
 To alter those rights, must negotiate a legal
separation agreement
 Must contain:
o Child Custody
o Child Support
o Alimony
o Property Division
Terminating the Marriage Contract
 Divorce Procedure
 Counseling – Attend marriage counseling
 Resolution of Issues
 Division of Property – Property brought into
a marriage by a spouse will remain with that
spouse
 Remaining property is equally divided
between spouses
Terminating the Marriage Contract
 Divorce Procedure
 Resolution of Issues
 Child Custody


The welfare of the child is the most important
consideration in determining who will have custody
o Parent wishes
o Child’s wishes
o Childs relationships
o Child adjustments
o Physical and mental health of all persons concerned
Joint Custody – responsibility is shared
Terminating the Marriage Contract
 Divorce Procedure
 Resolution of Issues
 Child Support – Money payments by a parent to
provide a dependent child with economic
maintenance
o Help pay for the needs and wants of the child
 Alimony
 Support paid by the wage earner of the family to
the other spouse
 Set by the court