Legal Definitions - wedlock

Wedlock refers to the legal status or condition of being married. It signifies the formal union between two individuals recognized by law, granting them specific rights, responsibilities, and protections.

Here are some examples illustrating the concept of wedlock:

• Example 1: Child's Legal Parentage

  When a child is born to a couple who are legally married, that child is considered to be born in wedlock. This legal status often creates a presumption under the law that the husband is the child's biological father, simplifying matters of paternity, parental rights, and inheritance. For instance, if Sarah and Mark are married when their daughter, Emily, is born, Emily is considered born in wedlock, and Mark is legally presumed to be her father without needing additional court orders.

• Example 2: Marital Property Division

  Assets acquired by a couple while they are in wedlock are typically considered marital property, which is subject to division in the event of a divorce. This differs from separate property, which one spouse owned before the marriage. For example, if David and Lisa purchase a vacation home three years after they get married, that home is considered property acquired during wedlock. If they later divorce, the court would likely treat it as a marital asset to be divided between them, regardless of whose name is on the deed.

• Example 3: Spousal Benefits and Protections

  Being in wedlock often grants individuals access to various legal benefits and protections, such as the ability to file joint tax returns, inherit from a spouse without a will, or make medical decisions for an incapacitated partner. For instance, if Maria's husband, Carlos, becomes seriously ill and is unable to make medical decisions for himself, Maria, as his spouse in wedlock, typically has the legal authority to make those decisions on his behalf, even if no specific power of attorney was executed, due to their marital status.