Also known as: matrimonial · matrimonium · marriage
Written by attorneys · grounded in primary & secondary sources — see below
The legal status created when two persons complete the ceremony that establishes them as spouses. The status carries reciprocal rights and duties under state law.
Megan Moore tells a hospital social worker that she married Marcus Mitchell in 2018. After her death the statement is offered to prove the marriage existed. The court admits the statement under the family-history hearsay exception even though Megan lacked personal knowledge of the formalities.
Monica Morgan's will left her estate to Miles Montgomery. After their divorce the will's gift to Miles was revoked by operation of law. Monica and Miles later remarried. The probate court revives the original gift because the remarriage satisfies the statutory condition for revival.
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Michelle Murphy wrote a letter to her husband Marcus Mitchell describing a business transaction. The government later subpoenas the letter in a criminal case against Michelle. The court quashes the subpoena because the letter is a confidential marital communication protected by the privilege.
Ming Ma earns consulting fees during her marriage to Marcus Mitchell. The fees are deposited into an account titled solely in Ming's name. Under the uniform act the fees are classified as marital property subject to equal division on divorce.
Megan Moore and Miles Montgomery sign a premarital agreement the day before their wedding. The agreement becomes effective the moment the marriage ceremony is completed. Either party may enforce its terms without proving separate consideration.
Monica Morgan signs a written agreement waiving her right to elect against her husband's will. The agreement is signed both before and after the marriage. The probate court enforces the waiver because it meets the statutory requirements for a valid spousal waiver.
Parties must understand the nature of the marriage contract at the time of the ceremony. Intoxication or mental illness that prevents comprehension renders the marriage voidable.
Some courts uphold the marriage if the parties satisfied all formal requirements and possessed capacity. Other courts invalidate it when the parties never intended to assume marital obligations.
Divorce automatically revokes dispositions to a former spouse in a will or other governing instrument unless the decree or a marital contract expressly preserves them.
The agreement takes effect upon completion of the marriage ceremony. It requires no additional consideration beyond the marriage itself.
Income earned by either spouse during marriage and after the determination date is marital property. Each spouse holds an undivided one-half interest in that property.
…in this guarantee of personal privacy. They also make it clear that the right has some extension to activities relating to marriage, Loving v. Virginia , 388 U.S. 1, 12 (1967); procreation, Skinner v. Oklahoma , 316 U.S. 535, 541-542 (1942); contraception, Eisenstadt v. Baird , 405 U.S., at 453-454; id. , at 460,…