Presentation Transcript

1. Bell Ringer!!!! Do you know the origin of the custom of using a ring as an engagement and marriage token? Answer: The circle of the ring represents eternity, a symbol that the agreement to marry will continue forever.

2. Marriage Laws

   Business and Personal Law
3. AGENDA 01/09/2012 Direct Instruction/Notes 2 case Studies Group Debate (4 Scenarios) Marriage Law Quiz
4. Question for you! Who thinks they might want to get married at some point in their life? The laws governing marriage are important to everyone because these relationships can affect children, property and other contracts.
5. Marriage….. Marriage is not only a personal relationship between two people. It is also a contract.
6. Marriage Marriage changes a couple’s legal status and gives them certain rights and obligations
7. Marriage rights include the right to: MARRIAGE RIGHTS receive support from your spouse file a joint tax return inherit your deceased spouse’s property a fair share of property if the marriage ends compensation if the marriage ends
8. Obligations of marriage include the duty to: be faithful to your spouse not cause harm to your spouse provide support to children from the marriage
9. State Marriage Laws Each state has its own laws regarding the types of marriage it will recognize. The most common types of marriage are: ceremonial marriage common-law marriage
10. Ceremonial Marriage A ceremonial marriage is a formal marriage performed in the presence of a person authorized by law to conduct marriages.
11. Common Law Marriage A common-law marriageis a marriagecreated by agreement of the parties without a formal ceremony. Common-law marriages are recognized only by 11 states and the District of Columbia.
12. Marriage Laws Some marriages are prohibited by law, including: bigamy polygamy consanguinity
13. Definitions Bigamy is having two spouses at the same time. Polygamy is having more than two spouses at the same time. Consanguinity is having a spouse related by blood. http://www.youtube.com/watch?v=pIteYji6t_g&safety_mode=true&persist_safety_mode=1&safe=active http://www.youtube.com/watch?v=ZlJqT1JJCTs&safety_mode=true&persist_safety_mode=1&safe=active
14. Marriage Laws There are several requirements necessary for a marriage to be legal, including: age requirement marriage license waiting period blood test/physical examination
15. Age Requirement? In almost every state, one must be at least 18 years of age to legally marry. Minors can marry only with the consent of a parent or guardian.
16. What about Virginia? The minimum age for marriage in the Commonwealth of Virginia is sixteen (16) years for both the bride and groom; however, if either party is under eighteen (18), consent to the marriage must be given by the father, mother or legal guardian.
17. Prohibited Marriages-Virginia? A marriage entered into prior to the dissolution of an earlier marriage of one or both parties. A marriage between an ancestor and or descendant; or between a brother and a sister; or between an uncle and a niece; or between an aunt and a nephew; whether the relationship is by half or the whole blood or adoption.
18. Prohibited Marriages-Virginia? When either of the parties lacks capacity to consent to the marriage because of mental incapacity or infirmity. "Common Law" marriages are not valid if entered into in Virginia or any other jurisdiction, which does not permit them for its residents.
19. License A marriage license is a certificate from a government office granting legal permission to marry. A common-law marriage does not require a marriage license.
20. License Requirements- VA Blood Test - There is no blood test requirement for marriage in Virginia. A license for marriage in Virginia is issued by the clerk or his/her deputy clerk of a circuit court in any county or city in the Commonwealth of Virginia. (Ceremony must take place within 60 days).
21. DIVORCE A divorce is a legal declaration by a court that a marriage has ended. The process for obtaining a divorce varies from state to state.
22. Divorce and Its Legal Consequences cruelty desertion Grounds for divorce include: nonsupport adultery
23. Definitions Adultery is when a spouse has sexual relations with someone outside the marriage. Cruelty is physical or mental abuse of one’s spouse that endangers the spouse’s life. *To prove cruelty usually requires more than one act.
24. Definitions Desertion is when a spouse leaves with no intent to return. Nonsupport is when a spouse had the means to provide financial support but willfully failed to do so.
25. No Fault Divorce Most states have a no-fault divorce law. A no-fault divorce is a divorce granted by agreement of the parties without one party proving the other party guilty of misconduct.
26. Divorce and Its Legal Consequences alimony There are three main issues in legally settling a divorce: division of marital property child support and custody
27. Alimony Alimony is financial support paid by one spouse to the other based on his or her income and resources. State law and judges decide how marital property will be divided. States are either: community property states or non-community property states
28. Definitions In community property states, each spouse is entitled to one-half of the property acquired during the marriage. In non-community property states, property is divided according to how much each spouse contributed to the marriage.
29. Children? Upon divorce, each parent has a right to custody of children born during the marriage. Legal custody is a parent’s right to make major decisions about a child’s health, education, and welfare. Physical custody deals with which parent a child will live.
30. Children? Sole custody is when one parent is granted full custody rights. Joint custody is when both parents share custody rights of a child.
31. Children? Both parents have a duty to provide child support, regardless of which parent has custody. Child support is based on each parent’s financial capacity and needs, and the needs of the child.
32. What to do? 2 case Studies & Questions Debate -Opinions (4 Scenarios) Tying the Celebrity Knot Activity