Currently the marriage It is defined as the legal way in which men or women voluntarily decide to unite to lead a common life by getting married.
It is a relationship where both seek to seek each other, in equality and mutual help, with the free decision to have children or not.
Like all legal acts, certain requirements and formalities established by the State's administrative authority are necessary for marriage to be considered valid and existing.
What is the purpose of marriage?
According to what we have mentioned, marriage has certain purposes:
- Cohabitation and fidelity.
- Create a family and freedom of procreation.
- Mutual aid.
- Stabilization of a sexual partner.
- The generation of conditions of equality in development.
- The division of responsibilities, rights and obligations.
What is the Legal Nature of the Act?
The doctrines of Law determine that marriage is a mixed legal act, since for its existence and validity the will of the parties and the State is required.
The will of the parties is manifested by complying with the formalities required by law.
The will of the State, which is externalized through the act of the administrative authority or resolution in which the marriage is recognized.
What requirements are there to get married?
Certainly, the Law sets forth the requirement and formalities to legally validate the act:
- Age: In general, both are of legal age, but in practice there are cases in which minors can get married.
- Consent: It is the free will of the parties to marry and it is enough to express it when you are of legal age. In the case of minors, the consent of the parents or guardians is required.
- Sex difference: The civil and family laws of Mexico are in constant change, however not all States recognize gay marriage to date.
What kinds of impediments are there?
Family Law classifies according to legal impediments as follows:
- Lack of age.
- The blood relationship.
- The relationship in a straight line without limit of degree.
- The attack against the integrity of the couple.
- Vices in consent.
- Adultery proven judicially.
- Civil kinship, which extends to the descendants of the adoptee, meaning that the adopter cannot marry the adopter.
- The existence of a subsistent marriage.
- The existence of a state of inability to govern, compel, or manifest their will by themselves or by some means.
- Having an incurable disease that is hereditary.
- Incurable impotence for intercourse.
Is there a way to overcome the impediments?
- In cases of impotence, when this condition is accepted and previously known by the other spouse.
- In cases of contagious disease, you will be allowed to express your consent when you accredit receiving medical information about the scope, effects and prevention of the disease.
- In the case of guardians and their descendants, they cannot marry whoever has been in their care. Only the Family Court may give the waiver if the guardianship accounts in its charge have been approved.
What legal effects does marriage have?
The legal effects translate into the obligations and rights that are created from this act, dividing them into three:
- Between Spouses: In the case of contribution to the home it is according to its economic capacity, but the general rule for all rights and obligations is that it is always the same for both. As well as acquiring the Mexican nationality of the foreign couple.
- Regarding the Sons: Both spouses are recognized the authority within the home, on equal terms to participate in the decisions of the home administration, training and education, provided there is no prior judgment by a Family Judge. Likewise, you have the right to determine the number of children and the method of reproduction if you need medical assistance, which will be decided by the couple.
- About the Goods: When a spouse is a minor, judicial authorization will be required to transfer or mortgage any property. Taking into account that the majority spouses can manage and dispose of their own assets, only in the cases of common assets, they will need the consent of both to administer them.
What is the name of a person who is married twice?
A Crime of Bigamy is configured, if there are two marriage certificates with the same person and it is commonly known as "Bigamy".
In these cases, the children of the first marriage, the first and second spouse can request the Judge for the Nullity of the Second Marriage.
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