Brief Fact Summary. A brief discussion regarding the legal nature of marriage.
Synopsis of Rule of Law. Marriage creates rights, duties and obligations of law, consisting of more than a civil contract.
Issue. Is marriage a contract, a status, or does it retain features of both?
Held. Marriage is more than a mere contract. Although it requires consent of two parties, it creates a relation between the parties that cannot be changed. Marriage is an institution, a social relationship comparable to that between a parent and a child.
In Maynard v. Hill it was held: Marriage is something more than a mere contract, though founded upon the agreement of the parties.View Full Point of Law