1.B Validity of Relationship

Question 1

General Rule: Valid Legal Marriage

Answer 1

A valid legal marriage requires
legal age
+ capacity for consent
+ witnessed ceremony

OR lawful common law marriage of another state.

Bonus points: Don’t satisfy then, absent contractual agreement, no property or support rights.

Question 2

General Rule: What is a Marriage Invalid?

Answer 2

A marriage will be invalid, thus void, for bigamy / incest / non-compliance with law.

Question 3

General Rule: Registered Domestic Partnership

Answer 3

A RDP requires
legal age
+ capacity for consent
+ no marriage/RDP with anyone else
+ FILING OF DECLARATION OF DOMSTIC PARTNERSHIP WITH SECRETARY OF STATE + no requirement to live together

Bonus points: DP registration 1st permitted in 2000. CP extended to DP in 2005. CP rules apply retroactively to RDP registered between 2000-2005.

Question 4

General Rule: Punative Spouses

Answer 4

Where a spouse
+ honestly holds a good faith belief
+ of valid marriage
= other spouse estopped from asserting invalidity.

All quasi-marital property (assets acquired) are treated as CP and QCP.

However, if innocent spouse learns, punative rights are revoked, but can claim quasi marital property rights acquired up until that point.