Marriage Law

Discussion About Marriage or Marital Property Law

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Marriage can be the most wonderful episode in a person’s life. But in spite of being such a soulful matter marriage too has to be within the procedures of the law. If proper knowledge of legal matters is not followed then the marriage can lead to problems that might get complicate. Law in the case of marriage is different for different aspects, that is there are different sets of laws for different factors of a marriage. The Marriage property law is one of the most important of such a set of laws.

Marriage or marital property can be defined as all property that is acquired after marriage. There is a whole set of laws that is related to rights to marital property. To begin with the discussion, we must know what exactly is considered marital property and what is not according to the law. The court cannot assign any law about properties that are nonmarital and that is why the very first thing done by the court is to determine what can be considered as marital property. Plainly any property acquired by the spouse before marriage can be considered as nonmarital property. Similarly, all property acquired after marriage by a spouse can be considered as the property of the marriage. If the property is of marriage then the court should divide it equitably.

Any property, as stated above can be considered as marital, however, they have a few exceptions to their case. These include a number of conditions as the following.

Firstly If the property is acquired through descent, gift, legacy.

Secondly, if the property is acquired through the exchange of property before the marriage or in exchange for property acquired by gift of legacy or decent.

Thirdly property acquired by a spouse after a judgment of legal separation.

Fourthly Property that is excluded by the valid agreement of his party.

Lastly, Property that is acquired before marriage.

The Marriage property states that married couples have the right and privileges of equal sharing of properties. There used to be a presumption that all the properties kept during the marriage regardless of pre-marital possession by either of the spouses can be shared.

Initially, however playing an exception to these rules, was the case of de facto couples which include man and woman, or a woman and a woman or a man and a man. They happen to live together as a couple but are not married both being 18 years of age or above without any upper limit. Defacto couples were deprived of the Marriage property Law. They have included under ordinary property law act hat stated the property owned jointly would be divided equally while the property owned singularly might not be shared if, please. However, the act was amended and was bracketed within the Marriage property law from February 2002.

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