marriage

Legal union of one man and one woman as husband and wife. Singer v. Kara, 11 Wash.App. 247, 522 P.2d 1187, 1193.

Marriage, as distinguished from the agreement to marry and from the act of becoming married, is the legal status, condition, or relation of one man and one woman united in law for life, or until divorced, for the discharge to each other and the community of the duties legally incumbent on those whose association is founded on the distinction of sex.

A contract, according to the form prescribed by law, by which a man and woman capable of entering into such contract, mutually engage with each other to live their whole lives (or until divorced) together in state of union which ought to exist between a husband and wife. The word also signifies the act, ceremony, or formal proceeding by which persons take each other for husband and wife. In old English law, marriage is used in the sense of "maritagium" (q.v.), or the feudal right enjoyed by the lord or guardian in chivalry of disposing of his ward in marriage.

See also avail of marriage

- banns of matrimony

- common-law marriage

- consensual marriage

- restraint of marriage

- voidable marriage

- void marriage.

@ ceremonial marriage

Marriage which follows all the statutory requirements of blood tests, license, waiting period, and which has been solemnized before an official (religious or civil) capable of presiding at the marriage.

@ informal marriage

A marriage in which promises are exchanged between the parties without an official ecclesiastical representative present. In most cases, the law requires consummation of the marriage to consider such valid.

See consensual marriage.

@ jactitation of marriage.

See jactitation

@ manus marriage

A form of marriage in early Rome; it formed a relation called manus (hand) and brought the wife into the husband's power, placing her as to legal rights in the position of a daughter

@ marriage in jest

A marriage in jest is subject to annulment for lack of requisite consent and intention to marry

@ mixed marriage

A marriage between persons of different nationalities or religions; or, more particularly, between persons of different racial origin; as between a white person and a negro or an Indian.

See miscegenation

@ morganatic marriage

The lawful and inseparable conjunction of a man, of noble or illustrious birth, with a woman of inferior station, upon condition that neither the wife nor her children shall partake of the titles, arms, or dignity of the husband, or succeed to his inheritance, but be contented with a certain allowed rank assigned to them by the morganatic contract. But since these restrictions relate only to the rank of the parties and succession to property, without affecting the nature of a matrimonial engagement, it must be considered as a just marriage. The marriage ceremony is regularly performed; the union is indissoluble; the children legitimate.

@ plural marriage

In general, any bigamous or polygamous union, but particularly, a second or subsequent marriage of a man who already has one wife living under system of polygamy. Such marriages are prohibited.

See marriage

- polygamy

@

- proxy marriage

@ putative marriage

One contracted in good faith and in ignorance (on one or both sides) of some existing impediment on the part of at least one of the contracting parties. U. S. Fidelity & Guaranty Co. v. Henderson, Tex.Civ.App., 53 S.W.2d 811.

Such marriages are recognized in very few jurisdictions

+ putative marriage

A marriage contracted in good faith and in ignorance (on one or both sides) that impediments exist which render it unlawful. Davis v. Davis, Tex.Civ.App., 507 S.W.2d 841, 844

@ Marriage Act, Royal

@ Royal Marriage Act

An English act of 12 Geo. Ill, c. 1 (1772), by which members of the royal family are forbidden to marry without the king's (or queen's) consent, or except on certain onerous conditions

@ marriage articles

Articles of agreement between parties contemplating marriage, intended as preliminary to a formal marriage settlement, to be drawn after marriage

@ marriage broker

One who for a consideration brings a woman and man together in marriage. Such activity is void and illegal as against public policy

@ marriage ceremony

The form, religious or civil, for the solemnization of a marriage

@ marriage certificate

An instrument which certifies a marriage, and is executed by the person officiating at the marriage; it is not intended to be signed by the parties, but is evidence of the marriage

@ marriage license

A license or permission granted by public authority to persons who intend to intermarry, usually addressed to the minister or magistrate who is to perform the ceremony, or, in general terms, to any one authorized to solemnize marriages. By statute in most jurisdictions, it is made an essential prerequisite to the lawful solemnization of the marriage

@ marriage-notice book

A book kept, in England, by the registrar, in which applications for and issue of registrar's licenses to marry are recorded

@ marriage per verba de praesenti

/maeraj par varba diy prazentay/ To constitute such a marriage, there must be an agreement to become husband and wife immediately from the time when the mutual consent is given. Pitney v. Pitney, 151 Kan. 848, 101 P.2d 933, 935

@ marriage portion

Dowry; a sum of money or other property which is given to or settled on a woman on her marriage

@ marriage promise

Betrothal; engagement to intermarry with another

@ marriage records

Those documents kept by a state, city or town official which are permanent records of marriages and which include the names of the spouses, the maiden name of the wife, their addresses and the date of the marriage. From these documents certificates of marriages are prepared

@ marriage settlement

An agreement in contemplation of marriage in which each party agrees to release or modify property rights which would otherwise arise from the marriage. A written agreement in the nature of a conveyance, called a "settlement," which is made in contemplation of a proposed marriage and in consideration thereof, either by the parties about to marry, or one of them, or by a parent or relation on their behalf, by which the title to certain property is settled, i.e., fixed or limited to a prescribed course of succession; the object being, usually, to provide for the wife and children. Thus, the estate might be limited to the husband and issue, or to the wife and issue, or to husband and wife for their joint lives, remainder to the survivor for life, remainder over to the issue, or otherwise. Such settlements may also be made after marriage, in which case they are called "postnuptial."

See also antenuptial agreement

- marital agreements

- palimony

- post-nuptial agreement

@