Contractual Aspects of Contractual Aspects of Marriage and DivorceMarriage and Divorce

• Marriage- A legal union of a man and a Marriage- A legal union of a man and a woman as husband and wife.woman as husband and wife.

• All states have a minimum age for All states have a minimum age for marriage without parental permission.marriage without parental permission.

• Laws against Premarital sex between Laws against Premarital sex between consensual adults have been eliminated consensual adults have been eliminated over the years.over the years.

– If pregnancy occurs, the father will be required If pregnancy occurs, the father will be required to pay his share of medical bills and to pay to pay his share of medical bills and to pay child support EVEN IF THE FATHER IS A MINOR. child support EVEN IF THE FATHER IS A MINOR.

• Cohabitation- A man and a woman who live Cohabitation- A man and a woman who live together outside of marriage.together outside of marriage.

– These living arrangements were considered These living arrangements were considered illegal in most states until the late 1970’s.illegal in most states until the late 1970’s.

• If one party of a heterosexual relationship If one party of a heterosexual relationship proposes marriage and the other accepts, a proposes marriage and the other accepts, a binding contract results.binding contract results.

– If both parties later mutually agree to end the If both parties later mutually agree to end the engagement, the contract is annulled.engagement, the contract is annulled.

• If only one party wants out of the contract, If only one party wants out of the contract, a breach-of-promise suit may be brought to a breach-of-promise suit may be brought to that party in some states.that party in some states.

• If an engagement ends, most states If an engagement ends, most states will require the ring to be returned to will require the ring to be returned to the man unless the man is the one the man unless the man is the one who ended the relationship.who ended the relationship.

Marriage AlternativesMarriage Alternatives

• Common-law marriage- Occurs when a Common-law marriage- Occurs when a single woman and a single man lived single woman and a single man lived together, shared common property, and together, shared common property, and help themselves out as husband and help themselves out as husband and wife over a prolonged period of time (10 wife over a prolonged period of time (10 years)years)

• Civil Union- Offers many of the rights, Civil Union- Offers many of the rights, duties, and benefits as marriage to duties, and benefits as marriage to those who elect to for it.those who elect to for it.

Marital DutiesMarital Duties• Marital Consortium- The mutual Marital Consortium- The mutual

duties of the wife and husband.duties of the wife and husband.

– Provide support, nurture, welfare and Provide support, nurture, welfare and education of their children.education of their children.

– Jointly entered into contracts, notes, Jointly entered into contracts, notes, income tax returns, etc.income tax returns, etc.

Parental DutiesParental Duties

• Parents are obligated by state law to Parents are obligated by state law to support their children until they support their children until they reach adulthood.reach adulthood.

• An exception is if the minor child An exception is if the minor child becomes emancipated.becomes emancipated.

• Adoption- Creates a parent-child relationship.Adoption- Creates a parent-child relationship.

• Property acquired during the marriage may Property acquired during the marriage may be kept in the name of either husband or be kept in the name of either husband or wife, or both.wife, or both.

• If either spouse brings property into a If either spouse brings property into a marriage, they can transfer it into both marriage, they can transfer it into both names, or keep it how it is.names, or keep it how it is.

• Prenuptial agreement- Keeping a spouse Prenuptial agreement- Keeping a spouse from getting rights in property after death or from getting rights in property after death or a divorce.a divorce.