ppress women or impose upon them any hardship or
burden because of their physical weakness, is not at all probable. They
were merely the outgrowth of the conditions incident to ruder stages of
social development, and were, perhaps, as favorable to women at that
period, as the laws of our own times will be considered when judged in
the light of the civilization of the future, after successive centuries
of intellectual and moral growth have been added to the enlightenment of
to-day.
Law of Iowa.
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.
[Sec.3376.] While marriage is defined to be a contract, it is rather a
status or relation assumed 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
assimilated 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. [Sec.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marriage at fourteen for males and twelve for females is not repealed in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. [Sec.3378.] As under the common
law, no express form or ceremony is necessary to constitute a valid
marriage, any mutual agreement between the parties to assume 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 wo
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