Marriage Contract Topics
By legal definition,marriage is a contract made between a free man and free woman before the law. Individuals who enter into a marriage contract receive a license, and agree to be viewed as a single entity for legal purposes. Although marriage is more often viewed as an act of love and not a legal agreement, there are several elements to a marriage contract of which every couple should be aware.
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Validity
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A marriage contract is only valid if agreeing parties are willing, able and actually make the contract. Since mentally ill adults and infants are unable to make cognitive decisions, these individuals may not enter a marriage contract. Also, persons who are forced to marry have an invalid contract because of their lack of willingness. Individuals who mistakenly marry do not hold valid marriage contracts. In general adult persons 18 years of age and older, are given provision to enter into valid marriage contracts in the United States.
Effects
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While love should be the center of marriage, the effects of the union are not as concentrated. When married couples have children, the mother and children are often given the husband and father's last name. In addition, married couples may live in neighborhoods that are exclusively zoned for families and may file a joint income tax return. Married couples also share debt along with financial and medical responsibilities in emergencies.
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Common Law
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Although it is not honored in every state, common law marriage is another form of contract couples may enter into together. To be valid, couples joined by common law must live together, agree that they are married and present themselves to the public as husband and wife. Currently nine states (Alabama, Colorado, Kansas, Rhode Island, South Carolina, Iowa, Montana, Oklahoma and Texas) along with the District of Columbia honor common law marriages. Five states (Georgia, Idaho, Ohio, Oklahoma and Pennsylvania) allow common law marriages entered into before a certain date to be recognized as a valid contract. New Hampshire only recognizes common law during probate cases and Utah honors common law marriages that have been validated by court or administrative order.
Dissolution
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Commonly referred to as divorce, the dissolution of marriage occurs when both parties decide to end the marriage contract. Although marriage is often religiously interminable, the law allows a couple to end a contract if both parties file and sign the necessary paperwork. In such instances, the court may decide property division and debt responsibility. If children are involved, child support payments and visitation rights will also be established.
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References
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