LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 12 Contractual Aspects of Marriage and Divorce 12-1 Marriage and the Law of Contracts 12-2 Divorce and the Law of Contracts
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LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
CHAPTER 12
Contractual Aspects of
Marriage and Divorce
12-1 Marriage and the Law of Contracts
12-2 Divorce and the Law of Contracts
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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
SLIDE 2
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 12
SLIDE 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
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 12
SLIDE 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
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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
Chapter 12
SLIDE 5
PREMARITAL RELATIONSHIPS & THE LAW
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 12
SLIDE 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?
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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
New Jersey Statutory Requirements
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)
Chapter 12
SLIDE 7
THE MARITAL CONTRACT
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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
Chapter 12
SLIDE 8
THE MARITAL CONTRACT
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 12
SLIDE 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
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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)
Chapter 12
SLIDE 10
MARITAL RIGHTS AND DUTIES
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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
Chapter 12
SLIDE 11
MARITAL RIGHTS AND DUTIES
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 12
SLIDE 12
12-2 Divorce and the Law of
Contracts
GOALS
Discuss the ways by which a marriage can end
Explain the divorce procedure
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 12
SLIDE 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
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 12
SLIDE 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
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Divorce Rate 1950 2.6%
1960 2.2%
1970 3.5%
1980 5.2%
1990 4.7%
2000 4.1%
2011 3.6%
Darby v Darby
Chapter 12
SLIDE 15
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 12
SLIDE 16
PREVENT
LEGAL
DIFFICULTIES
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
LAW for Business and Personal Use
© 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Chapter 12
SLIDE 17
PREVENT
LEGAL
DIFFICULTIES
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.
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