Added: Dene Dutton - Date: 26.12.2021 07:36 - Views: 28208 - Clicks: 907
Marriage in many legal consequences that people contemplating marriage should address before getting married.
The best way to be assured that you have addressed these relevant issues is to consult with an attorney who has expertise in family law. You should do this well in advance of marrying as it could take several weeks, or even months, to draft and finalize necessary documents to address your relevant legal needs. Prior to contemplating marriage, you may not have ly had any reason to consult with an attorney; however, your marriage changes your legal status in many ways. When either spouse has children, or a dependent spouse from a prior marriage, obligations for past and future family support can be complex.
When one party has ificantly more assets than the other prior to marrying, a premarital agreement should be considered. Before you get married, you should decide how to best handle your separate property so that you do not unintentionally convert it to marital property. Separate property is defined as property that one spouse owned before getting married. What about estate matters? Do you need a new will prior to getting married or immediately after marrying?
Marriages, to be valid in North Carolina, must be between adults, including those of the same gender, who both consent to the marriage. Marriages between individuals of the same gender were not recognized in North Carolina prior to October 10, On that date, a U. The U. Supreme Court ruled that same-sex marriage bans were unconstitutional on June 26,which legalized same-sex marriage in all states.
This represented a dramatic shift in the law surrounding marriages and leaves a lot of questions unanswered. Many of the laws referring to marriage still use the term Husband and Wife or male and female. Due to the lack of clarity on many issues surrounding same-sex marriage, consultation with an attorney is advised if you are a same-sex couple seeking to marry. Although there is no answer from an appellate court in North Carolina at this time, it is generally accepted that out-of-state same-sex marriages which were valid in the issuing state will now be recognized in North Carolina, even if the marriage occurred prior to the court decisions.
This does not apply to civil unions or domestic partnerships. All unmarried people who are 18 years or older may lawfully marry. Unmarried people who are over 16 years of age, and under 18 years of age, may marry so long as a person or agency having legal custody of the underage party gives written consent to the marriage. Under very limited circumstances, unmarried people over 14 years of age and under 16 years of age may marry.
Any two people seeking to be married must not have a closer relationship than first cousins. You do not have to be a resident of North Carolina to get married in North Carolina. Before you get married you must apply for and receive a marriage. Marriage s are obtained from the Register of Deeds office of the county where the marriage is to take place. Obtaining a marriage by misrepresentation, or false pretenses, is a misdemeanor criminal offense. You will also need to show proof of your Social Security. This can be done by submitting a W-2 form, payroll stub, or any official document with your Social Security on it.
Once a marriage is obtained, you may be married immediately. No waiting period is required. You must marry within 60 days of the being issued or the expires. In order to be validly married, you must have a justice of the peace or a religious clergyman your marriage and that person must also return the to the Register of Deeds office within 10 days. There are two types of marriage ceremonies: religious or civil.
A religious ceremony must be performed by an ordained minister. Marriages performed by ministers of Universal Life Church after July 3, are not valid marriages. A civil ceremony is performed by a magistrate. There must be two witnesses at the marriage ceremony. Once you are married, whoever performed the marriage ceremony is required to provide you with a marriage certificate. You can also obtain a copy of your marriage certificate at any time by contacting NC Vital Records at www. The minister or magistrate performing the ceremony must the marriage you obtained prior to the ceremony and return it to the Register of Deeds office within 10 days of the ceremony.
Premarital Agreements: A Premarital Agreement is a written contract between two people who are about to be married. A premarital agreement becomes effective upon marriage. These agreements can set the terms of possession of assets, treatment of future debt and earnings, control of the property for each party, and the possible division of property if the marriage were to be dissolved at a later date. These agreements are more common if either or both parties have substantial assets, children from a prior marriage, potential inheritances, high incomes, or have ly been through a divorce.
These agreements can be very complex and both sides should have independent legal counsel to advise them in the drafting and review of the prenuptial agreement prior to it being ed. The spouses-to-be should not use the same attorney. Estate Planning, Wills, Inheritance: You and your potential spouse should have wills that reflect your wishes and needs. Discuss these wishes and needs with your potential spouse.
Then, prior to marriage, consult with a qualified attorney in order to put in place the proper legal documents to effectuate your wishes and needs should you die. If you have children from a prior marriage, and want them to inherit specific bequests from your estate, then you should give serious consideration to having a will. If children are born during the marriage, or adopted, they will also be entitled to share in the estate of their parents.
Once drafted, your will should be reviewed periodically to meet changing needs and circumstances. If the couple later marry each other, the child then becomes legitimate. If they desire, the now-married couple can have the Registrar of Vital Statistics issue a new birth certificate for the. Same-Sex Couples: This is an area where the laws have not been changed after the recognition of same sex marriage. The law still refers to father and mother.
If you are a same-sex couple looking to have or adoptyou should consult a qualified attorney. This is not a legal requirement. A more formal, court-ordered process should be considered in the latter two incidences. This is another area of the law that has been affected by same-sex marriage, but the laws have not yet been changed.
Property acquired during the marriage is generally considered marital property. If spouses divorce, marital property is divided equitably between them. Generally, property that is acquired by gift or inheritance after marriage is also considered separate property.
If this property consists of real estate, you should be aware of how refinancing or changing the deed to such a property can also unintentionally convert this property to marital property. Property that is acquired in exchange for separate property usually remains separate property. For example, if you own a car prior to marriage and trade it for a different car after marriage, the vehicle acquired after marriage typically remains your separate property. You should also know that using your separate property for marital purposes during the marriage can change the classification of the property from separate to marital property.
Once separate property is converted to marital property it remains marital property. How do you keep your separate property from becoming marital property? This is a complicated issue and a person contemplating marriage, or newly married, should consult an attorney experienced in family law matters.
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