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Contractual Aspects of Marriage and Divorce

Explore the legal implications of marriage contracts, including premarital relationships, rights and duties of spouses, termination of marriage contracts, and preventing legal difficulties.

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Contractual Aspects of Marriage and Divorce

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  1. CHAPTER 12Contractual Aspects of Marriage and Divorce 12-1 Marriage and the Law of Contracts 12-2 Divorce and the Law of Contracts

  2. Do you plan on getting married? What is marriage? What do you dream marriage will be like for you? What is the reality of marriage? Chapter 12

  3. 12-1 Marriage and the Law of Contracts • GOALS • Discuss how the law affects premarital relationships • Explain how a marriage contract is formed and legalized • Name the rights and duties of husbands and wives Chapter 12

  4. PREMARITAL RELATIONSHIPS & THE LAW • Why are the states so supportive of marriage? • Age and premarital relationships • All states but Nebraska requires both parties to be 18 to marry without parental consent. (19 in Nebraska) • Majority of states prohibit marriages between relatives Chapter 12

  5. PREMARITAL RELATIONSHIPS & THE LAW Chapter 12 • Premarital pregnancy and child birth • Male responsible will be required to pay his share of the female’s medical bills • Contribute to the child’s support until child reaches adulthood. • Same if father is a minor • Cohabitation • Illegal until the late 1970’s

  6. THE MARITAL CONTRACT • Marriage is a legal union of a man and a woman as husband and wife. • Breach-of-promise lawsuits • Banned by most states • Return engagement ring: gift or promise? Chapter 12

  7. THE MARITAL CONTRACT Chapter 12 • Legalizing the marital contract • State statutory requirements • Apply/pay fee for marriage license • Age/parental consent • Blood test no longer required in most states • Waiting period • Perform ceremony: religious or civil officials • Common-law marriages • Roots from the American frontier • Over a prolonged period of time (10 years or more) • Recognized by a few states (ALA,CO,RI,KA,SC,TX,UT)

  8. THE MARITAL CONTRACT Chapter 12 • Civil Unions • Alternative form of interpersonal legal union • Same sex marriage • Domestic partnerships as alternative to marriage • Provide state level spousal rights to unmarried couples that qualify

  9. MARITAL RIGHTS AND DUTIES • Marital consortium (cited in lawsuits????) • Purpose of marriage • Procreation • Raising children (provide support, nurture, welfare and education) • Filling sexual, economic and companionship needs • Contracts • Bank loans • Income tax returns Chapter 12

  10. MARITAL RIGHTS AND DUTIES Chapter 12 • The rights and duties of parents • Parental rights • Right to custody • Right to decide personal issues that arise • Control and allocate resources • Parental duties • Morality lessons • Nurture, guide, discipline • Protect and shield from exposure to criminal behavior (sometimes that of a parent)

  11. MARITAL RIGHTS AND DUTIES Chapter 12 • Property rights and duties • Kept in individual names or joint • Bring property into marriage • Protect property with prenuptial agreement • Useful in second or third marriages • Reserve property from a previous marriage for the children of that bond • Can stipulate how premarital debts are to be paid • Sample on page 217

  12. 12-2 Divorce and the Law of Contracts • GOALS • Discuss the ways by which a marriage can end • Explain the divorce procedure Chapter 12

  13. NULLIFYING THE MARRIAGE CONTRACT • Annulment – marriage never happened • voidable marriage – can be annulled • void marriage – automatically without effect. • Bigamist – married to 2 people - crime Chapter 12

  14. TERMINATING THE MARRIAGE CONTRACT • No-fault divorces – mutual agreement • Divorce procedure • Separation – live apart – marital rights/obligations remain intact • Counseling • Resolution of issues • Division of property – equitable distribution • Child custody and support – welfare of child • Alimony - set by court – paid to ex spouse • Issuance of decree of dissolution of marriage • Declaration that marriage is over Chapter 12

  15. PREVENTLEGALDIFFICULTIES • Understand that your actions have consequences and that your premarital relationships may have long-term effects. • Realize that hasty, ill-considered decisions in selecting a marital partner may become lifelong mistakes. Make your decisions with the long-term good of both you and your partner in mind. • Consider marriage a serious contract between husband and wife that requires each to fulfill their duties with mutual concern and respect for each other. Continued on the next slide Chapter 12

  16. PREVENTLEGALDIFFICULTIES • Use prenuptial agreements to avoid subsequent conflicts over property ownership and division. • In the event of divorce, seek legal counsel and carefully consider and fulfill the obligations, such as child support and alimony, being assumed. • If your marriage ends in divorce, make all decisions relative to your children with their best interest in mind. Joint custody with cooperating and involved parents helps the children grow up in a balanced and healthy environment. Chapter 12

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