Business Law
B-Personal Law
5.01 Understand the legal aspects of
domestic
relation law and future planning.
BB30 Business Law 5.01
Summer 2013
Domestic Relations Law
Marriage Contracts- Marriage is not just a personal thing, it is also a type of
contract of which there is an offer and an acceptance. Consideration happens
when each person promises to give up their right to remain single. The contract is
fulfilled when the actual wedding occurs. The legality of the woman keeping the
engagement ring or it being returned to the man hinge on what state you are in.
Prenuptial Agreements-an agreement is a written and signed legal contract
couples make before getting married dealing with property and support issues.
This agreement has the assets of each person, the rights each person that are
part of the agreement have in relation to property and predisposed list of how the
property of each part is to be distributed if the couple separates, divorce or death.
3) Marriage Rights and Obligations- Marriage gives a couple new rights that are
not afforded a couple that is only living together. Some of these rights that
getting married give a couple are:
•
support by your spouse when necessary
•
inheritance from your deceased spouse
•
property if the marriage ends
•
compensation to continue your present standard of living
•
file a joint income tax return
BB30 Business Law 5.01
Summer 2013
Domestic Relations Law
Types of Marriages
Common Law Marriage-What is a “common-law marriage”? Is an informal
type of marriage created by the parties themselves. There are (11) states
plus the District of Columbia that recognize common-law marriages.
However any common-law marriage that was originated in a state that does
recognize such marriages has to be recognized in every state based on the
U. S. Constitution’s Full Faith and Credit clause. These common-law couples
must agree that they are husband and wife.
Ceremonial Marriage-during the early colonial times, only formal ceremonial
type marriages that were performed by a religious cleric or a legal magistrate
were recognized. However today couples must declare that they are married
in front of any person that is legally licensed or authorized to perform
marriages.
BB30 Business Law 5.01
Summer 2013
Domestic Relations Law
Types of Marriages
Proxy Marriage - The Uniform Marriage and Divorce Act allows for a proxy
marriage which is when one or both people involved in the marriage cannot be
present, such as but not limited to military members. In this case another person
acting as an agent for the person not present, acts on the missing parties behalf
by standing in for the marriage. Today many or also completed using the web
and online cameras so the couple can actually see each other.
Covenant Marriage - Presently, covenant marriage is required in Arkansas,
Arizona and Louisana for the purpose of attempting to reduce the number of
divorces as well as protecting children. Couples wanting to get married must
complete counseling before getting married and after getting married in order to
resolve conflicts.
Marriages Performed Internationally - U. S. citizens that are legally married in
a foreign country will normally have their marriage recognized in the U. S. as
long as the marriage was legal in the country they were married in.
Domestic Relations Law
Illegal or Prohibited Marriages
Bigamy is an illegal act that involves a person has two spouses at the same
time.
Polygamy is an illegal act of having more than two spouses at the same time.
Any marriage that occurs in any state while one person is already married to
another person in another state is void. Any children born of any such
marriage are also considered to be illegitimate. Some states allow for a
marriage to become legal IF the spouse in the other marriage either dies or
divorces the person that committed bigamy or polygamy.
Consanguinity and Affinity - Consanguinity means that your are related by
blood. Affinity means you are related by marriage. Many states do not allow for
first cousins in a family to marry. About half of the states allow for marriages
that the people involved are related by affinity.
Legal Requirements for Marriage
Age-varies by state- The legal age to get married in almost every state is 18.
N.C. Legal Age:
Minimum Legal Age With Parental Consent Male: 16; Female: 16
Minimum Legal Age Without Parental Consent Male: 18; Female: 18
Minors 14-15 may obtain license with court order in case of pregnancy or birth of child
Marriage License - It is a certificate that is issued by either a city, county or
state government that gives a couple permission to marry. If a state has any
waiting period, the license becomes effective after that period of time. There is
normally a time period that the marriage license is good for and it will become
expired after that period.
Waiting Period-most states require a period of time before the actual
marriage license is issued. The main reasons are to allow for any cases of
fraud, force or duress or any other untruthful act to be uncovered. It also gives
any parents that object to the marriage to voice that objection.
Blood Test and Physical Exam-some states require blood tests in order to
screen for infectious diseases such as AIDS, sexually transmitted diseases,
sickle cell anemia, Rubella and infectious tuberculosis.
Legal Requirements for Marriage
Legal Ways to End a Marriage
1) Annulment - Legal procedure that held before a probate judge. The person
seeking the annulment must prove certain legal reasons for the annulment.
While the actual reason for an annulment to be granted by a judge vary based
on each state, two reasons are standard. These reasons are fraud and
duress. Fraud can be anything from not being of age, not intending to have
children and the other spouse not having any knowledge, and concealing a
pregnancy by someone other than the present male spouse.
2) Legal Separation - It is a court judgment that ends the right to cohabitate or
live together. This can also temporarily decide child custody issues and
monetary support. The couple will remain legally married until there is a
divorce.
BB30 Business Law 5.01
Summer 2013
Legal Requirements for Marriage
Legal Ways to End a Marriage
1) Divorce•
Adultery - When one spouse has sexual relations with someone outside
of the marriage. This can be a crime in some states depending on laws.
•
Cruelty - can be either physical or mental cruelty or both in some cases.
This may need to be more than one occurrence in order to use as a
reason for divorce.
•
Desertion is when one spouse separates from the other for unjustified
reasons. The length of the separation is usually at least one year.
•
Alcohol or drug addiction can be used as a reason for divorce but must
be confirmed, constant, voluntary and excessive by the offending spouse.
•
No Fault Divorce - Most states now have some type or version of a no
fault divorce. This means a divorce is granted without either spouse
having to prove anything about the other spouse in order to get a divorce
Legal Ways to End a Marriage
Family Legal Issues with a Divorce
• Alimony - Alimony is an allowance for support that is paid by the former
spouse in the case of a divorce. The spouse that receives alimony depends
on several factors. In at fault divorce, the spouse that is at fault will not
receive any alimony. Other factors such as a persons age, income and
finances are considered. Their obligations and amount of dependents are
also taken into account. Lastly each spouse’s future earning capacity are
also taken into consideration.
• Child Custody
• Legal custody deals with a parent’s right to make major decisions about the
children’s health, education and welfare.
• Physical Custody deals with which parent the children live with. Parents
that have sole custody have more rights involving children than the other
parent. Joint custody gives both parents equal rights in most cases.
Legal Ways to End a Marriage (continued)
Family Legal Issues with a Divorce
• Child Support - total support for a child or children by both parents. The
finances of each parent are considered but each must contribute something
in the way of money. Support must cover a child’s basic needs. Children are
entitled to support from both parents even if the parents were not married at
the time of the child’s birth.
• Support Enforcement - child support is enforced through the courts. A
state can enforce the child support to include having a parent’s paycheck
garnished for any child support due and any that has not been paid. In
addition any state or federal tax returns for a person responsible for paying
child support can be garnished or seized as well as a lien being placed on
any real property a person owns if necessary.
• Marital property - state law determines how marital property is distributed. If
Non-community property state, then the assets and any earnings gained
during the marriage are divided based upon individual contribution
Community property states, each spouse gets an equal portion of the
assets that were acquired during the marriage. It does not matter which
spouse earned more or which spouse owned or bought the property.