Marriage Law

Introduction

Marriage is a fundamental legal institution in the United States, governed primarily by state law. While marriage has historical roots in religion and social custom, it is a civil contract with significant legal consequences. The law of marriage addresses the formation of the marital relationship, the rights and obligations of spouses, and the requirements for entering into a valid marriage. The Supreme Court’s decision in Obergefell v. Hodges (2015) transformed marriage law by recognizing a constitutional right to same-sex marriage.

Formation of Marriage

Marriage in the United States is created through a marriage license issued by the state and a ceremony performed by an authorized official. The requirements for a valid marriage vary by state but generally include: capacity to consent (age and mental capacity), absence of prohibited relationships, and compliance with licensing and ceremony requirements. States require a marriage license to be obtained before the ceremony and to be solemnized by an authorized officiant.

Marriage creates a legal relationship with significant consequences, including property rights, inheritance rights, tax benefits, evidentiary privileges, decision-making authority for medical care, and spousal support obligations. The legal recognition of marriage provides both benefits and obligations that distinguish marriage from other forms of domestic partnership.

Common Law Marriage

Common law marriage is a legally recognized marriage created without a license or ceremony. A common law marriage exists when a couple agrees to be married, cohabits, and holds themselves out to the public as married. Only a minority of states recognize common law marriage, and those that do typically require clear and convincing evidence of the marriage.

Common law marriages validly formed in a state that recognizes them are generally recognized under the Full Faith and Credit clause in states that do not permit common law marriage formation. This creates a patchwork of recognition that can have significant implications for inheritance, benefits, and dissolution.

Prenuptial Agreements

Prenuptial agreements (antenuptial or premarital agreements) are contracts entered into before marriage that define the parties’ rights and obligations during the marriage and upon dissolution. The Uniform Premarital Agreement Act (UPAA) has been adopted by many states and provides that prenuptial agreements are enforceable if they are entered into voluntarily and are not unconscionable.

Prenuptial agreements may address property division, spousal support, inheritance rights, and other financial matters. They may not address child custody or child support. The agreement must be in writing and signed by both parties. Full financial disclosure is required, and agreements entered into without adequate disclosure or under duress may be unenforceable.

Obergefell v. Hodges

In Obergefell v. Hodges (2015), the Supreme Court held that the Fourteenth Amendment requires all states to license marriages between two people of the same sex and to recognize same-sex marriages lawfully performed in other states. Justice Kennedy’s majority opinion held that the right to marry is a fundamental right inherent in the liberty of the person and that this right extends to same-sex couples.

The Court identified four principles supporting its holding: the right to personal choice regarding marriage is inherent in the concept of individual autonomy; the right to marry supports a two-person union unlike any other in its importance to the individuals; the right to marry safeguards children and families; and marriage is a keystone of the nation’s social order.

Marriage Restrictions

States may impose reasonable restrictions on marriage. Age requirements set minimum ages for marriage, typically 18 without parental consent and 16 or younger with parental consent. Some states prohibit marriage for individuals under a certain age regardless of consent. Consanguinity restrictions prohibit marriage between close blood relatives.

Marriage is void if it lacks the essential requirements of legal capacity. A void marriage is one that is invalid from its inception, such as a marriage between close relatives or a bigamous marriage. A voidable marriage is one that may be annulled if challenged, such as a marriage entered into under fraud, duress, or incapacity.

Conclusion

Marriage law is a dynamic body of law that has undergone significant transformation. The Obergefell decision established a constitutional right to same-sex marriage, and prenuptial agreements enable parties to define their own marital arrangements. While marriage remains primarily a matter of state law, federal constitutional principles increasingly define its boundaries.