Legal Status of Women in Iowa by Jennie Lansley Wilson
page 20 of 99 (20%)
page 20 of 99 (20%)
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CHAPTER II. MARRIAGE. [Sidenote: Contract.] Marriage is a civil contract requiring the consent of parties capable of entering into other contracts, except as herein otherwise declared. [§3376.] While marriage is defined to be a contract, it is rather a status or relation assumed by the act of marriage. Society is recognized as a third party to the agreement and as having a well defined interest in the duties and obligations of such relation. It is because of this interest, that the law defines the qualifications of the parties, the terms, rights and obligations of the contract, and also for what causes and in what manner it may be terminated. "It stands alone and can be assimilated to no other contract." [Sidenote: Between what ages valid.] A marriage between a male person of sixteen and a female of fourteen years of age is valid, but if either party has not attained the age thus fixed, the marriage is a nullity or not at the option of such party made known at any time before he or she is six months older than the age thus fixed. [§3377.] The common law rule fixing the age of consent to marriage at fourteen for males and twelve for females is not repealed in Iowa. The time in which the parties may disaffirm the marriage is merely extended by the statute. |
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