Most states have laws requiring the consent of a parent or legal guardian for the marriage of a minor. Requiring parental approval before a minor can marry is not unconstitutional, as states have a legitimate interest in protecting minors from immature decisions and preventing unstable marriages. Marriage requires emotional maturity and an ability to support oneself. However, parental consent is not a panacea for avoiding unwanted matches. On the contrary, parental consent only postpones marriage. If the parties are always ready, they can still marry as soon as they no longer reach the legal age. See z.B. Moe v. Dinkins, 533 F. supp. 623 (S.D.N.Y. 1981), aff`d 669 F.2d 67 (2nd cir. 1982).
A marriage agreement is different from all other contractual relationships. The reason for this is that both its purpose and the relationship established between the parties are totally different from those of any other contract. To recover for breach of promise, the applicant must prove that both parties had a valid existing marriage contract. This can be achieved by showing that both parties clearly intended that the agreement would be binding. Public order firmly precludes an attempted marriage, contracted in good faith, from being considered legal by either party and followed by cohabitation. If it is established that a marriage was contracted correctly, without any defect other than the absence of a marriage certificate, it is not invalid. While it is not advisable to marry without a license, there is at least one way to compensate for a couple`s omission. Most states require compliance with these specific formalities in order to have a valid marriage: while a couple may enter into a marriage contract with the intention of addressing things that might happen during their marriage, these agreements are usually aimed at addressing the problems that will arise when the marriage breaks down. Marriage contracts are legally binding on the parties. They can be imposed by the courts if someone tries to escape or change an undertaking they have accepted.
An agreement between two or more persons that imposes reciprocal obligations on them that can be applied in court. A valid contract must be offered by one person and accepted by the other, and some form of payment or other value must normally be exchanged between the contracting parties. If the parties to a marriage contract are unable to establish a valid agreement due to an incompetent disability, an action for breach of the promise of marriage cannot be upheld. In general, a valid defense against such an action is the infancy of the promiser at the time of the agreement. The childhood of the promise, however, is not a valid defense. The statutes indicate the age of childhood. A marriage contract can address any topic and deal with anything that is important to one or both spouses. Typical themes are as follows: the acceptance of a marriage offer must take place within a reasonable time. Such a hypothesis should not be formal, but can be implied by the behavior of the promising. For a marriage contract to be enforceable, it must be proved that there was a meeting of the minds of the individuals for the purpose of the agreement. A promise of marriage induced by coercion is not valid.
Similarly, a promise of marriage that, through fraudulent inducements – or fraudulent concealment of facts that would prevent the conclusion of the agreement if it were disclosed or disclosed – will invalidate the promise and exonerate the innocent party from any liability. . . .