Marriage

Till death do us part…

Engagement Requirements

• In N.C., the ring is a “condition” of marriage.– If the marriage is called

off, the ring should be returned.

– Once the marriage is completed, the ring is considered a gift and is property of the wife.

What are the N.C. requirements?

• Blood Test?– No

• Waiting Period?– No

• Allow Common Law Marriage?– No

• Same Sex Marriage?– No

• Legal Ceremony & Witness Required?– Yes (Required by most states)

Legal Aspects of a Marriage• Name Change (No legal

requirement)• Privileged Communications

(Neither person can be forced to disclose information shared in a marriage)

• Inheritance (Spouses are required to receive a portion of the estate)– Law suit awards– Insurance

• Consent: No one can be forced to marry someone against his or her will.

Age

• Couples must be 18 year old to marry.

• Couples over 16 must have parental (etc.) consent.

• Pregnant couples over 14 must gain consent from court

Incest?

• Incest: Sexual relations with a close relative

• First cousins can legally marry, but closer relatives are prohibited

Common-Law Marriage

• Marriage without an official license and ceremony.

• Some states allow common-law marriage if a couple has lived together for a certain time.

Same Sex Marriage• 7 States and D.C. allow same-

sex marriage• 13 states recognize same-sex

marriages from other states*• 31 states do not recognize

same-sex marriages from other states

• May 8: N.C. voters decided to pass an amendment banning same sex marriage and civil unions. (Amendments mean court decisions cannot override laws)

• http://online.wsj.com/public/resources/documents/info-SAME_SEX_MAP_0905.html

Civil Unions

• Created to provide same-sex couples the same benefits of marriage

• DE, HI, II, VT, NH, CT, NJ, RI

Single People who live together

• The number of single people living together without getting married has increased.

• New laws have granted more rights.

Cohabitation Agreement

• Written or oral agreement that outlines how couples will deal with money, property and responsibilities.

• Courts are beginning to acknowledge these documents.

Bigamy

• Having more than one husband or wife.

• N.C. Law=Must divorce or the spouse must be deceased to remarry.

• If a spouse is missing for 7 years, the partner

may remarry.• Polygymous Marriage

Religious Belief and Marriage

• In 1878, George Reynolds, a Mormon living in Utah, was arrested and charged with the crime of bigamy. At the time, the Mormon religion regarded plural marriages as a religious obligation. Mormons then believed that refusal to practice polygamy when circumstances permitted would lead to “damnation in the life to come.” Reynolds argued that the anti-bigamy law violated his constitutional right to freedom of religion. After his conviction, he appealed his case to the Supreme Court. How would you rule?

• http://en.wikipedia.org/wiki/Reynolds_v._United_States