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Marriage FAQs
Q: What is the legal definition of marriage?
A: Marriage is usually defined as a contract entered into by two people (a man and a woman) demonstrating their intent to be husband and wife in the eyes of the law.
Q: My fiancee and I will be getting married in a few months. What will we need to do in order to be considered legally married?
A: Marriage requirements vary from state to state, but usually include a license, a waiting period, blood tests, minimum ages, a ceremony officiated by a clergyperson or an officer of the court, and witnesses.
Learn more about Marriage Requirements.
Q: Who can perform the marriage ceremony?
A: In most states, a marriage ceremony can be performed by:
- A judge, magistrate, justice of the peace, or county clerk;
- A mayor (or deputy mayor); or
- A religious clergy (minister, rabbi, etc.).
Q: I'm getting married soon, and I want to make sure that my savings account remains my own separate property. How can I do that?
A: You should continue to keep all separate property separate throughout the marriage if you are concerned about keeping it as your personal asset upon your death or divorce. Generally, this means you should not "commingle" property you owned prior to marriage with property you and your spouse acquire during the marriage, or it may become difficult -- if not impossible -- to legally determine which is which.
Learn more about Marriage, Money, and Property
Q: My future husband and I want to create a prenuptial agreement. How should we go about doing so?
A: Before entering into a prenuptial agreement, both parties must fully disclose their assets, income, and liabilities to the other, and they must enter into the agreement in "good faith," meaning that neither person intends to misrepresent the facts or take advantage of the other. In order to ensure that the premarital agreement will be enforced, it is advisable for both future spouses to be represented by separate attorneys, who can advise them on their rights and responsibilities. In fact, some states' laws require that each party be represented by a separate attorney in order for a premarital agreement to be valid.
Learn more about Prenuptial Agreements.
FAQs
- What are the legal requirements for getting married?
- What if one person tricks the other into thinking there has been a valid marriage?
- May married people open credit accounts that are not also in their spouses' names?
- Should I get credit in my own name, even though I am married?
- May wives and husbands sue each other?
Marriage Resources
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