Business Law Ch 12

Contractual Aspects of Marriage and DivorceBusiness Law Ch 12Premarital Relationships and the LawMarriage Legal union of a man and a womanAge and Premarital RelationshipsNo law specifies a minimum age for datingNearly all states have laws setting minimum age for marriage with or without parental consentMinimum age without parental consent is 18No law restricts the choice of marital partners except for Close relatives may not marry

Age and Premarital RelationshipsParents that tell their minor child not to date or not to see a specific person, they can enforce that order only with the reasonable force that they may use If that fails, the parents may have their child labeled as incorrigible (not manageable, out of control)Parent uses excessive force may result in child abuse charges

Premarital Pregnancy and Child BirthIf pregnancy results and the male responsible is identified, he will be required to pay his share of the females medical bills and to contribute to the childs support until the child reaches adulthood even if the father is a minorCohabitationMan and women live together outside of marriageConsidered illegal until the late 1970sMarital ContractIf one party in a heterosexual relationship proposes marriage and the other accepts, a binding contract resultsIf both mutually agree to end their engagement, the contract is annulled (law considers their agreement void and never to have existed)Breach-of-Promise LawsuitIf only one party wants out of the contract and refuses to perform, a breach-of-promise suit may be brought by the other partySome states allow such suit only where the women is pregnant and her ex-fiance is the fatherMany states have banned such suits altogetherBreach-of-Promise LawsuitIf a third party interferes with the engagement, a few states allow damage suits against the intruders.Cannot be brought against parentsIf a ring is given in expectation of marriage, the courts generally order it to be returned.Legalizing the Marital ContractState Statutory RequirementsMust apply for and pay a fee for a marriage licenseMost states allow minors as young as 16 to marry with parental consentSome states require a blood test to show that the applicants are free from various communicable diseasesLegalizing the Marital ContractState Statutory RequirementsOnce licenses has been issued any authorized religious or civil official can perform ceremonyCourt clerks, Mayors, Judges, Rabbis, Ministers, Priests, and even Ship CaptainsLegalizing the Marital ContractCommon-Law MarriagesSingle man and Single woman live together, share common property, and held themselves out as husband and wife over a prolonged period of time (10 year)Legalizing the Marital ContractCivil UnionsOffers many of the rights, duties, and benefits as marriage to those who elect to form it.Known as same-sex marriageFirst legalized in 2000 by VermontFederal government of the US has chosen not to recognize Civil UnionMarital Rights and DutiesMarital ConsortiumThe law recognizes purpose for marriage is to procreate, raising children, and filling sexual, economic and companionship needs and these duties are mutual of the husband and wifeIf either spouse suffers an injury that prevents fulfillment of there marital duties, the other can sue the party who caused the harm for damages for loss of consortiumMarital Rights and DutiesMarital ConsortiumThe most important duty of both spouses is to provide for the support, nurture, welfare, and education of their children.Marital Rights and DutiesParenthood Rights and DutiesParents are obligated by state law to support their children until they reach adulthood.Exception to this is EmancipatedFinancial support of the children is a joint obligationAdoption Parents have the same rights and dutiesMarital Rights and DutiesProperty Rights and DutiesSome times a spouse brings property into marriage that they want to keepThey dont want their spouse to have claim over itPrenuptial AgreementBefore we marry, agree to keep your personal property coming inAgree on a settlement if you divorceNullifying the Marriage ContractWays to end a MarriageDeath of SpouseAnnulmentDivorceVariety of Illegalities

Nullifying the Marriage ContractAnnulmentLegal procedure for declaring that a voidable marriage is null and voidVoidable Marriage Results from a problem that existed from the beginning of the supposed unionExamples Refusal to having children or fraudulent grounds for the marriage contract

Nullifying the Marriage ContractFraudulent GroundsSpouse lying to the other WealthCondition of pregnancyFreedom from diseaseWillingness to have a childPast marriageAge

Nullifying the Marriage ContractVoid MarriageCreates no rights or duties for either party and is considered invalid from the beginningDeclaration of Nullity Not an annulmentMust be sought from an appropriate court to confirm that statusSuch marriage occurs whenever laws are violated by the matrimonial union

Nullifying the Marriage ContractDeclaration of Nullity Examples If one partner is already married when the second marriage occurs (Bigamist)Is a crimeStem from an incestuous relationship Marriage between close relativesMental Incompetence

Terminating the Marriage ContractDivorce or DissolutionCourt actions that end the marriage and divides the property and remaining responsibilities between the partiesNo-Fault DivorceRequesting spouse does not have a list a grievenceNo-Fault Marriage DissolutionGranted after testimony that there is no chance of repairing the marriage relationship (Irreconcilable Differences)Terminating the Marriage ContractDivorce ProcedureSeparation Spouse maintain separate living quarters, but their marital rights and obligations remain intactTo alter those rights, must negotiate a legal separation agreementMust contain:Child CustodyChild SupportAlimonyProperty DivisionTerminating the Marriage ContractDivorce ProcedureCounseling Attend marriage counselingResolution of IssuesDivision of Property Property brought into a marriage by a spouse will remain with that spouseRemaining property is equally divided between spousesTerminating the Marriage ContractDivorce ProcedureResolution of IssuesChild CustodyThe welfare of the child is the most important consideration in determining who will have custodyParent wishesChilds wishesChilds relationshipsChild adjustmentsPhysical and mental health of all persons concernedJoint Custody responsibility is sharedTerminating the Marriage ContractDivorce ProcedureResolution of IssuesChild Support Money payments by a parent to provide a dependent child with economic maintenanceHelp pay for the needs and wants of the childAlimonySupport paid by the wage earner of the family to the other spouseSet by the court