Marriage is a voluntary, private contract between two adults. While it is a personal and emotional commitment, it is also an official relationship that changes the legal status of both parties. A family law attorney from Knox Law Center in Charlotte, NC, can help you to understand the legal technicalities of marriage, as well as the rights and responsibilities that come along with it.
The legal rights and obligations associated with marriage have evolved with our society and today are the same for both spouses. Each state has its own rules about marriage, but there are some uniform principles, including:
Many couples believe they will form a common law marriage and be entitled to the legal benefits and obligations of married couples if they live together for a significant period of time. It is not quite that simple. Each state defines the requirements that must be met to legally qualify as having a common law marriage, and some states no longer recognize common law marriage at all.
Generally, a common law marriage is recognized when a heterosexual couple lives together in a common law marriage state for a significant period. Among the states that recognize common law marriage, none define the time period per se, but typically, a ten-year-old relationship or longer is required. The couple must also have the intent to be married, which is generally measured by whether or not the couple presents themselves to the public as a married couple. Evidence of the necessary intent includes sharing the same last name, filing joint tax returns and referring to each other as husband or wife.
As of yet, no states have made explicit provisions recognizing common law marriages for same-sex couples, but LGBT family law is an ever-evolving area.
Couples who are considering marriage or living together may benefit from talking to a family law attorney about the advantages of a premarital agreement (also called a “prenuptial agreement” or an “antenuptial agreement”) or a cohabitation agreement. Although these types of contracts are not necessary very romantic, premarital agreements are a useful tool for defining the legal relationships between two people, particularly as they relate to property. Generally, the intent of these agreements is to create a framework for handling money and property issues during the marriage or relationship and to create a road map for property division should the relationship eventually end.
Each state has its own laws about what types of issues can be addressed in a premarital agreement, but there are some commonalities across state lines. For example, most states will not uphold agreements about child custody or support, and they will not uphold agreements that were created fraudulently or unfairly or that go against public policy. A number of states have also adopted the Uniform Premarital Agreement Act. The Act dictates how premarital agreements should address property ownership, control, and management during the marriage and how property should be divided upon separation, divorce or death.
Getting married is one of the most important things people do. It reflects a deep emotional commitment while also changing the parties’ legal statuses. By understanding your rights and obligations as a married person, you may more fully appreciate the step you are taking. Before you marry or move in with your partner, consult a family law lawyer at Knox Law Center in Charlotte, NC, to identify any future issues that you could resolve now to prevent difficulties later.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
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