Marriage

Marriage

• A personal relationship between a man and a woman rising out of a civil contract

• Engagement is a bilateral contract

• Man entitled to return engagement ring if contract broken

Rights and Duties• Support by one’s spouse• Right of inheritance from

deceased spouse• Right to property if

marriage ends• Right to continue one’s

standard of living• Right to file a joint

income tax return

Premarital Agreements

• Written agreement between prospective spouses made in contemplation of marriage to be effective upon marriage

• Antenuptial/prenuptial• Must fully disclose

assetsWho Wants to Marry a Multi-

Millionaire? Definitely a Prenuptial!

At least the Isuzu Trooper and 3

carat ring are all mine!

Prenuptial Agreements Continued

• Property• Real/Personal

Property• Change/Elimination of

Support• Making of a Will• Life Insurance

Yes, Here They Are Again!

Premarital Act in Indiana

• Agreement enforceable without consideration

• Mortgage• Property• Spousal Maintenance• Will• Life Insurance

Who May Marry(IC 31-11-1-1)

• Only a female may marry a male

• Only a male may marry a female

• SAME GENDER void even if marriage is lawful in the place where solemnized

Who May Marry

• Two individuals may NOT marry if more closely related than second cousins

• If both are 65 years old, may marry first cousin

Who May Marry

• Two individuals may NOT marry if either has a husband or wife who is alive

• May not marry unless BOTH 18 or must have consent

Authority in IndianaIC 31-11-6-1

• Friends Church• German Baptists• Bahai Faith• Church of Latter Day

Saints• Imam of a Masjid

(mosque) in accordance of Islam religion

• Clergy of religious organization

• Judge• Mayor (within

mayor’s county)• Clerk or clerk-

treasurer of a town• Clerk circuit of court

Voidable Marriages• If party to marriage

was incapable because of:– Age– Mental Incompetence

• Marriage voidable if brought about through fraud on part of one of parties

Void Marriages• If either party has

wife/husband living when marriage was solemnized

• Closer than second cousins– Void if after Sept 1,

1977– Parties are 1st cousins– At least 65 when

marriage was solemnized

• Mentally incompetent• Common Law

marriage after January 1, 1958

Marriage Formalities• Age Requirements

– Common Law– Male 14, Female 12– Indiana Law– Less than 18 must obtain consent

• Common Law Marriage– Common Law parties just agreed married– States recognizing Common Law marriage– Alabama, Colorado, Georgia, Idaho, Iowa, Kansas,

Montana, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas, District of Columbia

Consent to Marry Required for Certain Individuals

(IC 31-11-2-2)• Less than 18 must

have consent• Consent by both

parents or guardian• If one parent,

statement explaining why only one parent is signing (death, abandoned, etc.)

More on Common Law Marriages

• Divorce is required to end marriage

• Parties must have agreed husband and wife

• Must have dwelled together

• Must have held themselves to world as husband and wife

Marriage License• A certificate issued by

a governmental office giving permission for two people to marry

• Uniform Marriage and Divorce Act states application must contain the following

• Name, sex, occupation, ssn, dob/pob

• Name of former spouse• Parent/guardian addresses• Whether parties are related• Names/birthdays of any

children• Must pay a fee for license

Marriage License/CertificateIC 31-11-4-3

• Must obtain a marriage license from clerk of circuit court in county of residence

• If not from Indiana, where marriage is solemnized

• Application contains– Full Name– Birthplace– Residence– Age– Dependent Children– Maiden Name of

Mother– Adoptive Parents– Etc.

No License Unless….

• Female at least 15 yrs AND

• Female is pregnant or a mother

• Male at least 15 AND• Father of expected

child

Medical Tests in IndianaIC 31-11-5-1

• Female must be examined by physician who holds an unlimited license to practice medicine

• A test is not required if:– Object for medical

reason

– At least 50 yrs old– Evidence of

sterilization– Present evidence of

immunity to rubella– Written record of

rubella vaccine on or after 1st birthday

Prohibited Marriages

• Relatives• More than one spouse• Persons of same sex

(most states)

Persons Who Are RelatedConsanguinity (blood) Affinity (marriage)Mother/Father Stepmother/StepfatherGrandma/Grandpa Step Grma/Step GpaDaughter/Son Step Daughter/Step SonGranddaughter/Grandson Step-granddaughter/sonAunt/Uncle Mother-in-Law/Father-in-

LawSister/Brother Grandpa/ma-in-lawNiece/Nephew Daughter-in-law/Son-in-law

Granddaughter/son-in-law

Bigamy/Polygamy

• A marriage that is contracted while either party is already married is void in all states unless the prior marriage is ended by annulment

• Bigamy—2 spouses at same time• Polygamy—MORE than 2 spouses at one time