Unmarried people who are over 16 years of age, and under 18 years of age, may marry so long as a person or agency having legal custody of the underage party gives written consent to the marriage. This does not apply to civil unions or domestic partnerships.Īll unmarried people who are 18 years or older may lawfully marry. Although there is no answer from an appellate court in North Carolina at this time, it is generally accepted that out-of-state same-sex marriages which were valid in the issuing state will now be recognized in North Carolina, even if the marriage occurred prior to the court decisions. One area of confusion and uncertainty is the recognition of out-of-state same-sex marriages which were valid in the issuing state prior to the court decisions declaring North Carolina’s ban on same-sex marriage unconstitutional. Due to the lack of clarity on many issues surrounding same-sex marriage, consultation with an attorney is advised if you are a same-sex couple seeking to marry.
Many of the laws referring to marriage still use the term Husband and Wife or male and female. This represented a dramatic shift in the law surrounding marriages and leaves a lot of questions unanswered. Supreme Court ruled that same-sex marriage bans were unconstitutional on June 26, 2015, which legalized same-sex marriage in all states.
District Court judge ruled that North Carolina’s ban on same-sex marriage was unconstitutional. Marriages between individuals of the same gender were not recognized in North Carolina prior to October 10, 2014. Marriages, to be valid in North Carolina, must be between adults, including those of the same gender, who both consent to the marriage. Making use of an experienced attorney’s advice prior to marrying may help you avoid future problems and unnecessary, costly litigation. What about estate matters? Do you need a new will prior to getting married or immediately after marrying? You should also be aware of North Carolina’s laws regarding property you may receive through an inheritance or through a gift once you are married. Separate property is defined as property that one spouse owned before getting married.
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When one party has significantly more assets than the other prior to marrying, a premarital agreement should be considered.īefore you get married, you should decide how to best handle your separate property so that you do not unintentionally convert it to marital property. When either spouse has children, or a dependent spouse from a prior marriage, obligations for past and future family support can be complex. Prior to contemplating marriage, you may not have previously had any reason to consult with an attorney however, your marriage changes your legal status in many ways. You should do this well in advance of marrying as it could take several weeks, or even months, to draft and finalize necessary documents to address your relevant legal needs. The best way to be assured that you have addressed these relevant issues is to consult with an attorney who has expertise in family law. Marriage results in many legal consequences that people contemplating marriage should address before getting married.
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