Home Cases Tried and Role of Court All You Need to Know About Marriage

All You Need to Know About Marriage

All You Need to Know About Marriage


Marriage is actually an important type of proceeding for family law, as a court’s approval is necessary for marriage to have legal force. Family law marriage, meaning marriage from the perspective of family law, can actually be understood as a contract between two parties who agree to assume the rights and responsibilities of being husband and wife with regard to one another.

Understanding marriage from this perspective ensures that those seeking family law help in getting married will not have to go to a religious source to obtain married status. Instead, parties looking for family law help in getting married can go to a legal official who can marry them. Legal officials capable of performing a marriage include religious clergymen, but also include judges, magistrates, justices of the peace, county clerks, and mayors. All of these parties could, in theory, provide family law help for those seeking to become married.

A couple could be ruled as qualifying for family law marriage if they fit the requirements for common law marriage, as well. Common law marriage generally involves those instances when a couple is considered legally married, but hasn’t gone through the process of actually becoming legally married. A court may deem such a couple as falling under the terms of family law marriage, though the couple may attempt to contest such a ruling through their own court proceeding.

Family law marriage may also be affected by a number of other important roles that a court may play. Those seeking legal advice or family law help may receive advice that they should establish a prenuptial agreement before entering into a family law marriage. By doing so, a married couple may be able to give each other some level of assurance that, in the event of divorce or death of a spouse, the assets and income of each spouse is protected from claims by the other.

A prenuptial agreement would involve the family law help of a court, in actually enforcing the agreement, but it could be created simply between the lawyers of the marrying parties. A prenuptial agreement would involve the disclosure of all assets on the part of both potential spouses, and would likely require each party to have different family lawyers, so as to ensure that each is getting unbiased family law help.

In general, the other requirements for getting a legitimate family law marriage do not involve the courts, beyond potentially taking the marriage to court to have it annulled in the face of unfulfilled requirements. In order to get married, the spouses might have to take a blood test, or they might have to obtain a marriage license of some sort.

These marriage requirements usually are done separately from any kind of court proceeding, however, and should be done prior to the marriage ceremony. The ceremony may have some legal requirements concerning who must be there, and what the ceremony must consist of, but again, the only way in which this matters to a court proceeding is if the marriage is to be annulled for failing to meet these requirements.