What is a Legal Marriage

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It is considered that a wedding is arranged once; however, using the example of Kourtney Kardashian and Travis Barker, we can see that there can be two weddings. The young couple got married twice, an informal ceremony at the One Love Chapel and a month later, an official one at the courthouse in Santa Barbara, after which the marriage entered into legal force. 

Marriage is primarily a legally documented union, information about which is entered into databases and taken into account in governmental statistics. In this article, we will figure out what makes marriage legal. 

Official Requirements 

In order for the marriage to be legalized and officially come into force, future newlyweds are required to apply for a marriage license in the state where the ceremony will take place. 

To obtain a permit, the following conditions should be met: 

  • Age over 18 years. This rule applies to most states; however, in some cities, marriage can be concluded before the age of majority if there is consent from parents on both sides.
  • The absence of a valid marriage, that is, before obtaining a permit, people must either be divorced or free. 
  • Capacity, that is, it is necessary to be sane and have mental and cognitive abilities. 
  • Lack of consanguinity. People who get married should not have family ties. 
  • Compliance with the waiting period, which in different states ranges from 1 to 5 days. 

After receiving permission, the couple plays a wedding ceremony, and contrary to the idea that there should be a lot of people at the wedding, in fact, the presence of the performer and witnesses on both sides is sufficient.

Requirements for the Wedding Ceremony 

Wedding ceremonies can be of two types, namely, religious and civil. The performer of religious ceremonies can be a priest, a rabbi, or a minister, and if the wedding ceremony is of a civil nature, the performer can be a district secretary or a justice of the peace. In some states, for example, Florida, any person with a certificate can become a performer.

After the wedding ceremony, the document signed by the newlyweds and witnesses should be submitted to the district to be recognized as legal.

The Importance Of The Legality

There are several reasons why marriage should be legal:

  • Legal marriage brings many benefits, for example, spousal social benefits and social welfare.
  • The entry into force of inheritance rights after the dissolution of marriage, which may amount from one-third to one-half of the property. 
  • Accumulation of property assets during the marriage. That is, any income and assets that appeared during the marriage are considered jointly acquired. 
  • After the death of one of the spouses or divorce, if the marriage is legal, the property is divided in half. 

Thus, marriage is an important procedure that has many legal nuances and consequences. To comply with all aspects, the best solution would be to hire a lawyer, and if you are not satisfied with the basic property conditions, then you can conclude a prenuptial agreement.

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