Family Law Keyed to Weisbergback
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.
Facts. A brief discussion regarding the legal nature of marriage.
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.
Discussion. This is a short excerpt from a case addressing the nature of marriage. The decision addressed the fact that although marriage is often termed as a civil contract, the rights, duties and obligations established are those of law, not of contract.