2. Marriage

Question 1

What are the procedural requirements for marriages?

Answer 1

1) Licence
- Most states: 72-hour waiting period
- Some states: Medical certificate w/ no disease
- Failure => Still possibly valid

2) Solemnisation

3) No legal impediments
- First cousins allowed

4) Capacity & Age
- Mental capacity (at ceremony)
- 18+ years old
- 16-17 years old (parental consent)
- 16 below years old (judicial consent)

Question 2

What is required for common law marriage?

Answer 2

Exchange of consents
- 2 people
- Capacity
Cohabitation
Public holding out/Consideration (contractual)

Question 3

What are innocent spouse’s rights if marriage is not valid?

Answer 3

Marriage by estoppel

- If innocent spouse acted in good faith => Can receive equitable remedy from courts + acquire rights of legal spouse