Getting Marriage Flashcards

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1
Q

What are the elements of a common law marriage?

A

to establish a common law marriage, the proponent must show:
1. capacity to enter into a marital contract,
2. a present agreement to be married,
3. cohabitation, and
4. holding themselves out to the public as being married.

Mostly outdated.

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1
Q

What are the 2 requirements to getting married?

A

Remember! Marriage is a civil contract; the act of marriage = consideration
2 requirements:
(1) License, and
(2) Solemnization (ceremony)
* In front of at least 2 witnesses,
* Official must officiate,
* Marriage license is filed with the
state.

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2
Q

Are common law marriages recognized in other states?

A

If the marriage is valid where it was celebrated, it is recognized in all other states unless the marriage violates the public policy of the state with the most significant relationship with the parties at the time of marriage.

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