CHAPTER 5 MARRIAGE

1. CHAPTER 5MARRIAGE

2. Chapter 5 Marriage • Defining Marriage • Over one thousand laws pertain to marriage • Defining Marriage Around the World • Define • Civil marriage • Marriage Customs • American customs

3. Chapter 5 Marriage • Monogamy to Multiple Marriages • Monogamy • Polygamy • Polyandry • Arranged Marriages • Where and why • Until Death Do Us Part?

4. Chapter 5 Marriage • Is Marriage Really a Contract? • Marriage is technically known as an anomalous contract • Left at the Altar • History of the Breach-of-Promise Action • Breach of Promise to Marry

5. Chapter 5 Marriage • Suing for a Broken Promise • Define consideration • Define alimony • Three types of damages historically allowed by a breach of contract • Expectation damages • Reliance damages • Pain and suffering damages • Understand tort law

6. Chapter 5 Marriage • Breach of Promise Backlash • Heart-balm Statutes Change Law • Discuss the heart-balm statutes • The Issue of the Ring • Options for a Jilted Fiancée: Advice to the Lovelorn

7. Chapter 5 Marriage • The Legal Requirements of Marriage • A license • Proof of identify • Proof of parental consent under 18 years of age • Proof that any prior marriage is dissolved • Social Security number • Assigned application and printed oath

8. Chapter 5 Marriage • A license (continued) • Different sexes • Marrying couples must be different sexes • Vermont allows civil unions for same-sex partners • Not being already married • Acceptable degree of consanguinity • Mental capacity • Ratification

9. Chapter 5 Marriage • A license (continued) • Intent to marry • Sham Marriage • How a marriage is “voidable” with and without fraud • Impotence leads to fraud claim • T. v. M., falsely called T. • An age requirement • Full faith and credit clause • Solemnization ceremony • Required be all 50 states

10. Chapter 5 Marriage • Covenant Marriage: This one’s for keeps? • Common Law Marriage • Requirements • Man and woman mutually intend to be husband and wife • Man and woman let it be commonly known they are husband and wife • In some states, must live together

11. Chapter 5 Marriage • Putative Marriage • Is a Putative Marriage punishing? • Garduno v. Garduno • Annulment • Understand what an annulment is • Religious Annulment • Religious divorce

12. Chapter 5 Marriage • Taking the Husband’s name: What’s in a name? • In re Change of Name of Polly Christine (Brewer) Miller • Alienation of Affection and Criminal Conversation • Enticement action • Consortium • Alienation of affection • Causes of action in alienation of affection • Criminal conversation • Hunt v. Hunt

13. Chapter 5 Marriage • Case Led to Demise of Criminal Conversation Claim • Fagden v. Lenkner • Legal Duo: Civil Rights and Negligence • Tort • Negligence • Gates v. Foley • Privacy Issues within Marriage • Griswold v. Connecticut

14. Chapter 5 Marriage • Societal Trends Affect Marriage Vows • Rape: Why A Marital Exemption? • People v. Liberta • Supreme Court Aids Loving Couple • Define antimiscegenation laws • Loving v. Virginia

15. Chapter 5 Marriage • Same Sex Marriage Around the World • Partnership • Civil unions • Domestic partnership • Same Sex Marriages in the U.S. • California Couples Registry

16. Chapter 5 Marriage • History of Same Sex Marriages • Baehr v. Lewin • The Defense of Marriage Act (DOMA) • Reciprocal beneficiaries concept • Civil Unions: Bumper Crop for Vermont • Legal aspect of civil unions • Transgender Issues in Marriage • Role transgender plays in a marriage

17. Chapter 5 Marriage • Ethics Alert: • Susan questions clients’ readiness for marriage.