Marriage

• Author: Jeffrey Lehman, Shirelle Phelps

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The legal status, condition, or relationship that results from a contract by which one man and one woman, who have the capacity to enter into such an agreement, mutually promise to live together in the relationship of HUSBAND AND WIFE in law for life, or until the legal termination of the relationship.

Marriage is a legally sanctioned contract between a man and a woman. Entering into a marriage contract changes the legal status of both parties, giving husband and wife new rights and obligations. Public policy is strongly in favor of marriage based on the belief that it preserves the family unit. Traditionally, marriage has been viewed as vital to the preservation of morals and civilization.

The traditional principle upon which the institution of marriage is founded is that a husband has the obligation to support a wife, and that a wife has the duty to serve. In the past, this has meant that the husband has the duty to provide a safe house, to pay for necessities such as food and clothing, and to live in the house. A wife's obligation has traditionally entailed maintaining a home, living in the home, having sexual relations with her husband, and rearing the couple's children. Changes in society have modified these marital roles to a considerable degree as married women have joined the workforce in large numbers, and more married men have become more involved in child rearing.

Individuals who seek to alter marital rights and duties are permitted to do so only within legally prescribed limits. Antenuptial agreements are entered into before marriage, in contemplation of the marriage relationship. Typically these agreements involve property rights and the terms that will be in force if a couple's marriage ends in DIVORCE. Separation agreements are entered into during the marriage prior to the commencement of an action for a separation or divorce. These agreements are concerned with CHILD SUPPORT, visitation, and temporary maintenance of a spouse. The laws governing these agreements are generally concerned with protecting every marriage for social reasons, whether the parties desire it or not. Experts suggest that couples should try to resolve their own difficulties because that is more efficient and effective than placing their issues before the courts.

In the United States, marriage is regulated by the states. At one time, most states recognized COMMON-LAW MARRIAGE, which is entered into by agreement of the parties to be husband and wife. In such an arrangement, no marriage license is required nor is a wedding ceremony necessary. The parties are legally married when

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A sample marriage license

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they agree to marry and subsequently live together, publicly holding themselves out as husband and wife. The public policy behind the recognition of common-law marriage is to protect the parties' expectations, if they are living as husband and wife in every way except that they never participated in a formal ceremony. By upholding a common-law marriage as valid, children are legitimized, surviving spouses are entitled to receive SOCIAL SECURITY benefits, and families are entitled to inherit property in the absence of a will. These public policy reasons have declined in significance. Most states have abolished common-law marriage, in large part because of the legal complications that arose concerning property and inheritance.

The U.S. Supreme Court has held that states are permitted to reasonably regulate marriage by prescribing who can marry and the manner in which marriage can be dissolved. States may grant an ANNULMENT or...