MARRIAGE

Marriage is a civil contract entered into by both parties. The marriage contract differs from ordinary
contracts in that it can only be dissolved by the state and not by the parties. The free and voluntary
consent of the parties is essential. Moreover, only a monogamous marriage is legal.
A marriage may be valid or not. The validity of a marriage is determined by the laws of the place
where the marriage is contracted.
For a marriage to be valid, there must be the legal, mental and physical capacity to enter into the
marriage contract and the consent of the parties. The impediments to marriage include:
− Legal impediments: one or both parties are minors, a marriage between relatives within the
prohibited degrees of relationship, or a previous marriage undissolved.
−   Mental incapacity: Insanity, intoxication etc. Marriage contracted during mental incapacity is
voidable, though it may be later ratified by the person if he becomes competent.
−     Physical incapacity: Physical incapacity or impotence (resulted from malformation, defect or
disease) to perform the marriage act may render the marriage voidable.

Marriage settlements relating to the property of husband and wife may be made. They cannot
alter the obligations of the marital state. Generally, marriage settlements are entered into by
persons who have property rights which would be affected by marriage. They must be fair and
reasonable, and both parties must have knowledge of all the facts: any concealment may invalidate
the agreement.   
When husband and wife both acquire a piece of real estate, they are said to own it as “ tenants by
the entirety”. Tenancy by the entirety does not mean that the husband owns half and the wife
owns half, but that they both own the whole property and that neither one can convey away his
half. This system is characterized by the Right of Survivorship: on the death of one of the 2
tenants, the entire property goes to the survivor. His or her part does not go to his or her heirs.
Therefore, property is not good security for a creditor who has a claim against the husband or the
wife alone.
Some states, like Louisiana, have adopted the community property system, by which all
property acquired during the marriage belongs to both the husband and wife. The only property
they can hold separately under this system is that owned by the individual before marriage or
acquired by gift or inheritance during marriage.