Marriage divorce annulment pptPresentation Transcript
Unit 1: Marriage/Divorce/ Annulment
Think about it…
Is marriage necessary in
The Heart of Family Law
is at its heart a contract about a man and a woman.
Is a personal, social, economic, legal , and often times religious relationship.
More than 90% of all Americans will be married at some time in their lives .
Society views marriage as…
A private bond between two people
A way to:
Strengthen intimate bonds
Gain mutual emotional support
A stable structure to raise children
A financial partnership
Both spouses may work to support the family
Husband may support the wife
Wife may support the husband
What do you think?
How many people will get married, divorced, marry again, and divorce again?
How many people will divorce after their third marriage?
Why do you think this is?
Find a fun fact relating to marriage!
What is a pre-nup?
Craziest Celebrity Pre-nups
Tom Cruise & Katie Holmes
Rumors have been flying regarding Tom Cruise and Katie Holmes ’ pre-nup; supposedly, Katie receives $3 million for every year they are married, up to $33 million smackeroos. But after 11 years, a Sunset Provision voids the agreement and Holmes could receive half of Cruise’s bounty. Let’s hope she included a clothing allowance for Suri , because that girl’s got expensive taste! [ MSNBC ]
Denise Richards & Charlie Sheen
Denise Richards and Charlie Sheen had a spectacularly messy divorce, but thankfully there was a pre-nup to keep it on track. The most interesting part was that Denise was guaranteed a $4 million bonus if the former philanderer ever cheated on her. Making money for being cheated on? Ick. [ Aisle Dash ]
Khloe Kardashian & Lamar Odom
Khloe asked for $500,000 for each year they’re married, $25K a month in support, the house, a new car at the end of every lease cycle, $5K a month for shopping, $1K a month for beauty care, and season courtside Lakers tickets for her whole family.
Jessica Simpson did NOT have a pre-nup
Nick received $10 million
Jessica is engaged again and is not going to have one this time either
If you were a celebrity , would you create a pre-nup?
If you were marrying a celebrity , would you sign a pre-nup?
Using your netbook, research requirements for getting married in NJ.
Use a back channel chat to post your findings.
NJ Marriage Laws
NJ Marriage Laws handout
Available on Moodle
Does Common Law Marriage Really Exist?
When two people live together as husband and wife for long enough time, some states may recognize their rights as being married even though they never took the steps to become married. (Only recognized in 15 states and D.C.)
NJ ended Common law marriage in 1939.
Georgia (if created before 1/1/97)
Idaho (if created before 1/1/96)
New Hampshire (for inheritance purposes only)
Ohio (if created before 10/10/91)
Oklahoma (possibly only if created before 11/1/98. Oklahoma's laws and court decisions may be in conflict about whether common law marriages formed in that state after 11/1/98 will be recognized.)
Pennsylvania (if created before 1/1/05)
Common Law Marriage in PA
Pennsylvania is the closest state to us that has Common Law Marriage
See Common Law Marriage in PA Handout
Available on Moodle
“ Present Intent” to marry
“ Held themselves out” in the community as husband and wife
Bigamy, Polygamy, and Incest… Oh My!!!
When someone is married to multiple partners. Usually when some of the parties do not know of the multiple marriages.
When someone is married to multiple partners. Usually when all of the partners know about the multiple marriages.
When there is a sexual relationship between two closely related partners (parent/child, Siblings).
These marriages are VOID!!!
Ending a Marriage…
There are steps to ending a marriage that must be followed for the agreement to be legally ended.
A Legal Marriage
Can be ended two ways:
Death of a spouse
This is a marriage that legally can not nor ever exist and the state will not allow the marriage and has an interest in ending it, all the parties have to do is walk away like it never happened.
This is a marriage which has legal issues, but if these issues are over looked it can exist , however, if the parties want to end it they may seek an annulment.
A person who is so intoxicated at the time of marriage as to be incapable of understanding the nature of the marital contract lacks the capacity to consent, and such a marriage is voidable.
*A voidable marriage is valid when entered into and remains completely valid until a party obtains a court order nullifying the relationship.
Grounds for Annulment
What is an annulment?
Ending a voidable marriage; it is as if you were never married.
Underage – One or both parties were not of the age of consent for the marriage and did not receive parental/judicial consent.
Fraud – One or both of the parties misrepresents themselves to the other to induce them into marriage. (A very broad topic…covers many misunderstandings)
Coercion – One party uses undue influence or pressure to force the other into marriage.
Mental Incapacity – One or both of the parties involved lacks the mental capacity to fully understand the weight and responsibility of marriage.