LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 18Slide 1 Legal Considerations in Marriage and Divorce 18-1 18-1Legal Aspects of Marriage.

LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING

Chapter 18Chapter 18 Slide Slide 11

Legal Considerations in Marriage and Divorce

18-118-1 Legal Aspects of Marriage

18-218-2 Legal Aspects of Divorce

CHAPTER 18

Lessons



Legal Aspects of Marriage

Discuss how the law affects premarital and marital relationships

Explain the uses of prenuptial agreementsName the rights and duties of husbands and

wives

LESSON 18-1

GOALS



PREMARITAL RELATIONSHIPS

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

There are no laws set for dating, but there are state laws set for the minimum age for marriage without parental consent.

Minimum age is typically 18

There are no laws that say who you cannot marry, however, you cannot marry a close relative.



PREMARITAL RELATIONSHIPS (cont.) Parents can monitor and tell a minor child they

cannot date in general or a specific person. They can use reasonable force to carry out that

direction. Excessive force can be considered child abuse.

Criminal laws against consensual premarital sexual intercourse generally have been eliminated.

Pregnancy is different in that there is a huge responsibility that is associated with it.

If the male is identified, he is responsible for half of all medical bills and a specified amount of child support.



WHAT’S YOUR VERDICT?Jim and Mary are both 16 years old. While dating they have intimate relations, and Mary becomes pregnant.

Will the law compel them to marry?

No, the law cannot force them to get married.

Is Jim responsible for anything concerning the pregnancy and child birth?

Yes, he must pay half of the medical bills even as a minor.



PREMARITAL RELATIONSHIPS (cont.) If a non-married man and woman live together

outside of marriage, that is called cohabitation. Cohabitation is illegal in most states now. Was not in some states prior to the late 1970s.

Cultural DiversityIn some Muslim countries, religious rules of marriage are

part of the legal rules as well. There are arranged marriages, where one party pays the other party’s family for the marriage, and polygamy, where someone takes multiple women as their wives. In polygamy, a man can take up to four wives and shares equally in companionship and in worldly goods.



THE MARITAL CONTRACT

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

If both later they agree to end their engagement, the contract is then annulled.

Annulled – the law considers the agreement void and never to have existed.



THE MARITAL CONTRACT (cont.)

If only one party wants out of the contract, a breach-of-promise suit may be brought by the other party.

Used to happen quite often resulting in the woman paying dearly ($$$, humiliation, hurt feelings).

Some states allow these types of suits especially when a woman is pregnant and the ex-fiancé is the father.

Most states have now banned breach-of-promise suits.

If a third party tries to interfere, some states allow damage suits be brought against the intruder.

However, not the case for parents who try to prevent their child from marrying.



WHAT’S YOUR VERDICT?Grady and Cheryl are engaged to be married. Grady’s parents strongly disapprove of the up-coming marriage. They finally convince Grady to break the engagement.

Can Cheryl bring a successful lawsuit against Grady’s parents for interfering with her contract to marry Grady?

No, his parents did not force him to break the engagement, and a damage suit cannot be brought against the parents.



THE MARITAL CONTRACT (cont.)

If there are any gifts given by one party to the other (engagement ring), legal problems may arise.

The courts may order the engagement ring be returned.

Some states allow the woman to keep the ring if she’s not at fault for the breakup.

On the other hand, gifts given not in expectation of marriage can be kept by the recipient.



HOW DO YOUGET MARRIED?

Two ways to get married:1. Follow the laws of the state

2. Enter into a common-law marriage



HOW DO YOUGET MARRIED? (cont.)

State Marriage Requirements: Couple must appear before the city or town clerk and

apply for and pay for a marriage license. In most states, if you are 18 or older you do not need

parental consent, however, some states allow minors as young as 16 to marry with parental consent (see Chart on P. 282).

Some states require a blood test to determine if applicants are free from communicable diseases.

Once applicants receive a license, they are able to be hitched by anyone authorized.



HOW DO YOUGET MARRIED? (cont.)

Common Law Marriage: Common-law marriages – martial relationship

legalized by the couple holding themselves out as husband and wife and sharing home and property for an extended period of time (usually 10+ years).

Have roots since the time of the American Frontier. Happened when settlers could not find someone

authorized to marry them legally. About 25% of states allow CLM’s, but all must

recognize the union if it’s legal in the state in which it occurred.



WHAT’S YOUR VERDICT?Zed lived with Tamra for about two years. Although they never applied for a marriage license, they told everyone that they were married. Recently, they split up, and now Tamra is about to marry another man. However, Zed claims that she cannot enter into another marriage because she is his common-law wife.

Is he correct?

No, because they were not together long enough to be seen as having a CLM. Tamra is free to marry whomever she pleases, whenever she

wants to.



DUTIES AND RIGHTS OF WIVES AND HUSBANDS

Traditionally, the law sees husband and wife as parties to a marriage contract for life and for the benefit of each other.

Five main reasons this is legally recognized:1. Procreation (reproducing)

2. Raising children

3. Sexual needs

4. Economic needs

5. Companionship needs



DUTIES AND RIGHTS OF WIVES AND HUSBANDS (cont.)

Marital Consortium – mutual obligations of wife and husband undertaken to fulfill the purposes of their union.

The law recognizes those purposes and mutual duties of both the husband and the wife.

In some states, if either party suffers an injury that prevents fulfillment of those duties, the other party can sue the party who caused the harm for damages.

Called “Loss of Consortium”




The most important duty by both parties is to provide for the support, nurture, welfare, and education of their children.

There are other obligations in which both parties are jointly entered into such as:

Contracts Notes Income tax returns




Parenthood Rights and Duties Parents are required to support their children until they

reach adulthood.o Unless that child has been “emancipated”.

Financial support of a couple’s child is a joint obligation.

o May be divided according to each spouse’s financial position.

Both parents have custody rights in a married situation.

Adoption – legal process that creates a parent-child relationship.




Adoptive parents have the same rights and responsibilities with their adoptive children as they do with their biological children.

Adoptions are governed by state law and must be approved by the court system.




Property Rights and Duties Property acquired during the marriage may be kept in

the name of the husband, wife, or both.

Prenuptial agreement – legal contract resolving property and other claims that might result from a marriage.

o Useful when one or both are entering into their second or subsequent marriage and want to reserve property for the children.



WHAT’S YOUR VERDICT?Your friend Bill’s mother died three years ago. Now, his father plans to remarry. Bill is concerned that his father’s fiancée will have a claim against the family home and other property.

Is there anything Bill can do to prevent such a claim?

Yes, he could recommend his father enter into a prenuptial agreement which forfeits his fiancée’s rights to claim any property that was

previously bought in his first marriage.



WHAT DO YOU THINK??? What are your thoughts on prenuptial agreements? Would you enter into one if you were getting

married?

How would you feel if your fiancée asked you to sign one?

Who is someone who might sign a prenuptial agreement?



Legal Aspects of Divorce

Discuss ways other than divorce by which marriages can end

Identify grounds for divorceName topics usually covered in a separation

agreement

LESSON 18-2

GOALS



ENDING MARRIAGES LEGALLY

A marriage may end several ways: Death of either spouse Annulment Divorce Illegalities



ENDING MARRIAGES LEGALLY (cont.)

Annulment – a court order that cancels a marriage because of a problem that existed from the beginning of the marriage.

Serve to end marriages considered to be either voidable or void.

Voidable Marriage – valid marriage that can be terminated by one or both parties due to improper grounds.

Refusal to have children Fraudulent marriage contract




Fraudulent grounds include: Either spouse lying to the other about wealth Condition of pregnancy Freedom from disease Willingness to have a child Past marriage Age

Marriages involving fraudulent grounds such as these can be terminated within reasonable time by an annulment proceeding.

The marriage stay valid until the annulment has been approved.



WHAT’S YOUR VERDICT?After they were married a short time, Samuel told Rhonda that he did not want to have children. Despite several months of discussion, he remained firm.

Can Rhonda end their marriage due to his firm decision?

Yes, she could void the marriage on the grounds that he refused to have children.




Void marriage - marriage considered invalid from the beginning

This type of marriage typically occurs whenever laws are violated by the matrimonial union.

o Ex: One party of the marriage is still legally married when both parties tie the knot. The 2nd marriage is legally void.

Bigamist - someone who knowingly marries while still married to another

Is a crime!

An incestuous marriage is also considered void.



MARRIAGE ENDED BY DIVORCE

The most common method to end a marriage is a divorce.

Divorce - court action terminating a marriage.

In many states, the termination of marriage is also called dissolution.

Dissolution - term for divorce or the ending of a marriage in some states

Both divorce and dissolution are court actions that terminate marriage and divides property and remaining responsibilities between parties.



MARRIAGE ENDED BY DIVORCE (cont.)

No-Fault Divorce - divorce proceeding in which the requesting spouse does not have to show cause

Ex: adultery, desertion, cruelty

Allows the husband or wife to mutually agree on the termination without identifying a cause



WHAT’S YOUR VERDICT?Jerry and Oprae married when they were very young. As the years passed, they grew apart. Oprae wanted a divorce so she could “move on with her life.” However, she did not have any real grounds for requesting one. Jerry had not been abusive, cruel, adulterous, or deserting. Oprae had just grown tired of living with him.

Could Oprae still get a divorce?

Yes, she could get a divorce due to the no-fault divorce resolution.




A no-fault marriage dissolution may be initiated by either spouse.

Once the dissolution has been requested, the couple must wait approximately 6 months before it is final.

During this time, a couple may go through marriage counseling to see if the marriage can be restored.

In most no-fault states “irreconcilable differences” is stated as the legal reason for dissolution.




State Divorce Laws The first step in divorce is separation. Separation - stage in divorce process in which the

spouses maintain their marital rights and obligations but do not live together

Spouses live apart but maintain marital rights and obligations.

Separation Agreement Contains terms covering items such as child custody,

child support, alimony, and property division.




Issues to be Resolved During a divorce or dissolution, there are

many issues that need to be resolved such as:

o Marital property o Child custody and supporto Alimony payments




Division of Property Based on the English Common Law that states that

property brought into a marriage by a spouse stays with that spouse if the marriage were to end.

Most states distribute property equally between the spouses.

o Judges consider issues of age and earning power, length of marriage, and contributions of each spouse to the marriage.




Child Custody and Support Child custody - care and control of a minor Which spouse gets custody of the child is the most

important consideration in a child custody case. The Marriage and Divorce Act consists of several

factors:o Parents’ wishes as to custodyo Child’s wishes as to custodyo Child’s relationship with parents, siblings, and others

who may affect the child’s best interesto Child’s adjustment to home, school, and communityo Physical and mental health of all persons concerned




Child Custody and Support Joint custody is sometimes awarded to divorcing

couples. The responsibility of raising the children belongs to

both parents. If joint custody is not awarded to both parents, it is still

the responsibility of both to support the minor children. Child Support - money paid by a parent to provide a

child with economic maintenanceo Ex: housing, food, clothing, and other expenses




Alimony - economic maintenance paid by wage earner to his/her spouse/ex-spouse

Usually paid at regular intervals, but can be paid in a lump-sum amount.

Is not intended to penalize the person ordered to pay it. Amount paid is set by the court. Factors considered by the court:

o Paying spouses incomeo Financial resourceso Earnings outlooko Current debtso Number of dependents

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 18Slide 1 Legal Considerations in Marriage and Divorce 18-1 18-1Legal Aspects of Marriage.

Documents

legal aspects of marriage

legal rules

religious rules of marriage

marital contract

legal union

legal considerations

minor child

criminal laws