Marriage is beautiful. However people seldom realize that legally, marriage is a civil contract. In order to have a valid marriage in the state of Florida, both parties must enter the agreement to marry voluntarily, both parties must have capacity to contract, there must be intent to marry by both parties, the marriage must not be illegal, lastly there must be a ceremony & marriage license.
The state has power to regulate the marriage subject to constitutional limitations. Marriage is very powerful and you should be aware of the rights of spouses, ownership rights, rights in probate, privileges, inheritance rights, and tax implications that come along with marital status.
Basic duties and rights include:
- Each spouse has a legal duty to support the other during marriage and after separation.
- Property rights: Assets acquired before the marriage are considered separate property. However this rule is not not absolute. Assets acquired before the marriage may become marital property in certain circumstances. Usually inheritance and gifts acquired before the marriage are considered separate. Note that separate property may lose its character and become marital property when the nonowner spouse contributes services or funds to the property beyond the performance of ordinary marital duties. Assets acquired by either spouse after the date of marriage are presumed to be marital assets.
- Homestead property rights.
- Marital communications privileges and privacy rights.
- Inheritance rights, elective share, intestate share, and so much more.
For a consultation with your family law legal issue, contact our Family Law attorneys at the Bijoux Law Firm.
CALL TOLL FREE: 844-9-HANDLE (844-942-6353)
Bijoux Law Firm
110 SE 6th Street Suite 1700
Fort Lauderdale, FL 33301
Office Phone: (954) 363-0320 Ext. 9033