MANUAL ON MICHIGAN MARRIAGE LAWThis Manual has been prepared by the Family Law Section of the State Bar of Michigan in its continuing effort to provide the public with meaningful help on general legal subjects. If you have any questions on the material in this Manual, an attorney should be consulted. This Manual is not intended to take the place of an attorney or to provide answers to specific questions, but it may help you decide when further advice is needed. This Manual is based upon the statutes in effect as of January 1, 1991. The laws are subject to change. References in the Manual to statutes appear as in the following example: MCL 551.2; MSA 25.2, where “MCL“ refers to Michigan Compiled Laws, and “MSA“ refers to Michigan Statutes Annotated. The numbers are the chapter and section numbers assigned to the statutory provisions, and indicate where in the two publications they may be found. FAMILY LAW SECTIONState Bar of Michigan306 Townsend Street Lansing, Michigan 48933 Prepared By James P. Ryan, Esq. Plymouth, MichiganReturn to Court Library Menu Return to Calhoun County Courts Home PageContentsIntroductory Comments Decisions in a Marriage Name Change Upon Marriage Names of ChildrenMichigan Marriage Laws What is Marriage ? Common Law Marriage Age Requirements Marriage of a Minor Capacity to Contract Marriage Prohibited Marriages Secret Marriages Recognition of Foreign MarriagesGetting Married in Michigan Premarital Counseling Blood Test HIV Counseling License License Fee Waiting Period Solemnization Authority Solemnization Form Solemnization Fee CertificatePenalties for Violation -Top of Page Introductory CommentsConsider Justice Warrens statement in Loving v Virginia, 388 US 1, 87 SCt 1817, 18 LEd2d 1010 (1967): “The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men. Marriage is one of the basic civil rights of man, fundamental to our very existence and survival. “ Giving legal recognition to a marriage carries with it a number of important consequences, including the creation of additional duties and rights. Among other things, marriage: (1) legalizes otherwise illegal conduct (e.g., cohabitation); (2) results in certain “privileges“ (e.g., support, and property and inheritance rights); (3) creates certain responsibilities (e.g., support); and (4) provides the state, which sanctions the marital status itself, with the right and authority to regulate finances (e.g., support), property (e.g., inheritance rights, creditors rights), personal activity (e.g., abuse, desertion), and the methods, reasons, and consequences of dissolution of the marital status.Consider this statement from the United States Supreme Court in Maynard v Hill, 125 US 190, 8 SCt 723, 31 LEd 654 (1888): “Marriage, as creating the most important relation in life, as having more to do with the morals and civilization of a people than any other institution, has always been subject to the control of the legislature. That body pre-scribes the age at which parties may contract to marry, the procedure or form essential to constitute marriage, the duties and obligations it creates, its effects upon the property rights of both, present and prospective, and the acts which may constitute grounds for its dissolution.“ Regulation of marriage, therefore, abounds. Some regulations are civil in nature, others are criminal. Regulatory statutes, both civil and criminal, employ the following factors in varying combinations: (a) age; (b) sex; (c) marital status; (d) mental health; (e) physical health; (f) consent/intent; (g) affinity (marriage); (h) consanguinity (blood); (i) adoptive status. Top of Page Decisions in a MarriageIn General: Marriage does not deprive a spouse of any of the personal rights they enjoyed before marriage, although it does create additional duties and even adds new rights. Thus, a married person can continue to make their own personal decisions, such as their choice of religion, employment, and clothing. Similarly, they each remain separately responsible for their individual actions, whether negligent or criminal. Name Change Upon Marriage: Michigan law does not require a woman to take the name of her husband upon marriage. Op Atty Gen, 1928-1930, pp 824, 826. Names of Children: Michigan law provides that the name of the husband at the time of conception (or if none the husband at birth) shall be registered as the father of the child, and the childs surname shall be registered as designated by the childs parents. MCL 333.2824; MSA 14.15(2824). Michigan Marriage LawsWhat is Marriage? “Marriage, so far as its validity in law is concerned, is a civil contract, to which the consent of parties capable in law of contracting, is essential. Consent alone will not be enough to effectuate a legal marriage from and after January 1, 195Z Consent must be followed by the issuance of a license . and