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Contractual Aspects of Marriage and Divorce. Marriage- A legal union of a man and a woman as husband and wife. All states have a minimum age for marriage without parental permission. Laws against Premarital sex between consensual adults have been eliminated over the years.
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Marriage- A legal union of a man and a woman as husband and wife. • All states have a minimum age for marriage without parental permission. • Laws against Premarital sex between consensual adults have been eliminated over the years. • If pregnancy occurs, the father will be required to pay his share of medical bills and to pay child support EVEN IF THE FATHER IS A MINOR.
Cohabitation- A man and a woman who live together outside of marriage. • These living arrangements were considered illegal in most states until the late 1970’s. • If one party of a heterosexual relationship proposes marriage and the other accepts, a binding contract results. • If both parties later mutually agree to end the engagement, the contract is annulled. • If only one party wants out of the contract, a breach-of-promise suit may be brought to that party in some states.
If an engagement ends, most states will require the ring to be returned to the man unless the man is the one who ended the relationship.
Marriage Alternatives • Common-law marriage- Occurs when a single woman and a single man lived together, shared common property, and help themselves out as husband and wife over a prolonged period of time (10 years) • Civil Union- Offers many of the rights, duties, and benefits as marriage to those who elect to for it.
Marital Duties • Marital Consortium- The mutual duties of the wife and husband. • Provide support, nurture, welfare and education of their children. • Jointly entered into contracts, notes, income tax returns, etc.
Parental Duties • Parents are obligated by state law to support their children until they reach adulthood. • An exception is if the minor child becomes emancipated.
Adoption- Creates a parent-child relationship. • Property acquired during the marriage may be kept in the name of either husband or wife, or both. • If either spouse brings property into a marriage, they can transfer it into both names, or keep it how it is. • Prenuptial agreement- Keeping a spouse from getting rights in property after death or a divorce.
