The discrimination made by the common law between men and women, was based alone upon the assumption that women were, and must be always dependent by reason of their sex.  In the light of a broader humanity, the distinctions seem cruel and barbarous, but that they were the result of any spirit of injustice or intentional tyranny, or of any desire on the part of men to oppress 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 The common law rule fixing the age of consent to marriage at fourteen for males and twelve for females is not repealed in Iowa.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 woman intended present marriage, though the man did not, where they had assumed 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 punishing parties for solemnizing marriages in any other manner than that prescribed by law.