American Laws Regulating the Formation of the Marriage Contract

Abstract

American law regarding the formation of the marriage contract has not changed in any substantial way during the twentieth century. This body of law, which was generally adopted from English and ecclesiastical law, is, however, archaic in many respects. It contains impediments and inducements to marriage which violate basic human rights. Among the several reforms which should be introduced are the establishment of a nationally accepted uniform marriage registration act, the phasing-out of marriages which are neither valid nor void but voidable, and a new emphasis on the rights of minors and children. The most important modernization needed is a law to regulate the formation of marriage that is consistent with the law's approach to divorce and that responds to and reinforces those moral values which are a part of the consensus on marriage that exists in America.