Marriage

The word marriage is used to signify either the act of entering into the marital condition, or the condition itself. In the latter and more frequent legal sense, it is a civil status, existing in one man and one woman, legally united for life for those civil and social purposes, which are based in the distinction of sex. Its source is the law of nature whence it has flowed into the municipal laws of every civilized country, and into the general law of nations. And since it can exi^t only in pairs, and since no persons are compelled, but all who are capable are permitted to assume it, marriage may be said to proceed from a civil contract between one man and one woman of the needful physical and civil capacity.

30 Georgia 176.

As applied to the act of becoming married, marriage is the acts, whether of private contract or ofiicial or religious ceremonial, by which a man and a woman lawfully enter into the married state. As distinguished from the agreement to marry, and the act of becoming married, is the civil status of one man and one woman united in law for the discharge to each other and the community of the duties legally incumbent on husband and wife.

See Bish. Mar. & Div. § 3.

Marriage is generally referred to as a contract, but, under modem doctrine, its contractual nature is confined to the formation of the relation, such formation being wholly a matter of contract. But, when formed, marriage is not a contract, but a status.

30 Ga. 176; 3 Heisk. (Tenn.) 307; 53 Mo. 578; 9 Ind. 37.