Part 2 (1/2)

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 a.s.sumed 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 a.s.similated 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 The common law rule fixing the age of consent to marriage at fourteen for males and twelve for females is not repealed in Iowa.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.

[Sidenote: License.]

Previous to any marriage within this state, a license for that purpose must be obtained from the clerk of the district court of the county wherein the marriage is to be solemnized. [--3378.] As under the common law, no express form or ceremony is necessary to const.i.tute a valid marriage, any mutual agreement between the parties to a.s.sume the relation of husband and wife, followed by cohabitation, being sufficient, provided there is no legal disability on the part of either existing at the time. It is immaterial how the intention to marry is expressed. It has been held in this state that a marriage was legal, where the woman intended present marriage, though the man did not, where they had a.s.sumed the relation of husband and wife, and his conduct had been such as to justify her in believing that he had intended present marriage. Marriages by consent only, are not rendered void by a provision punis.h.i.+ng parties for solemnizing marriages in any other manner than that prescribed by law.

[Sidenote: Under age.]

[Sidenote: Consent of parent.]

Such license must not in any case be granted where either party is under the age necessary to render the marriage absolutely valid, nor shall it be granted where either party is a minor, without the previous consent of the parent or guardian of such minor, nor where the condition of either party is such as to disqualify him from making any other civil contract. [--3379.]

[Sidenote: Proof of age.]

Unless such clerk is acquainted with the age and condition of the parties for the marriage of whom the license is applied for, he must take the testimony of competent and disinterested witnesses on the subject. [--3380.]

[Sidenote: Record.]

He must cause due entry of the application for the issuing of the license to be made in a book to be procured and kept for that purpose, stating that he was acquainted with the parties and knew them to be of competent age and condition, or that the requisite proof of such fact was made known to him by one or more witnesses, stating their names, which book shall const.i.tute a part of the records of his office.

[--3381.]

[Sidenote: Proof of consent of parent.]

If either party is a minor, the consent of the parent or guardian must be filed in the clerk's office after being acknowledged by the said parent or guardian, or proved to be genuine, and a memorandum of such facts must also be entered in said book. [--3382.]

[Sidenote: Penalty.]

If the clerk of the district court grants a license contrary to the provisions of the preceding sections, he is guilty of a misdemeanor, and if a marriage is solemnized without such license being procured, the parties so married and all persons aiding in such marriage are likewise guilty of a misdemeanor. [--3883.]

The punishment provided for misdemeanors is imprisonment in the county jail not more than one year, or by fine not exceeding five hundred dollars, or by both fine and imprisonment.

[Sidenote: Who may solemnize.]

Marriages must be solemnized either:

1. By a justice of the peace or mayor of the city or incorporated town wherein the marriage takes place;