Getting Married Flashcards
A valid marriage requires?
- Consent from both parties;
- Marriage License; and
- a Ceremony (solemnized by a judicial officer or church)
What is consent to marriage ?
It depends on the jurisdiction.
Some states > if the parties participate in a ceremony AND sought some benefits of marriage
Other states > if parties consented to the obligations of marriage
What are the elements of Common Law Marriage?
C - Cohabitate for a specified amount of time
A - Present Agreement that they are married
C - Legal Capacity to get married
H - Hold themselves out as a married couple
A valid common law marriage creates rights/obligations IDENTICAL to a ceremonial marriage. Most states will honor a common law marriage validly obtained in another state.
What is a bigamous marriage?
A person CANNOT be married to more than one person at the same time.
A marriage is not valid if entered into when one of the parties is still married.
A bigamous marriage may be saved under …
- Equity Doctrine > creates a strong presumption that the most recent marriage is valid (rebuttable if evidence shows first marriage was not dissolved); OR
- UDMA > marriage may be validated upon removal of the impediment (earlier marriage is terminated)
What is the Doctrine of Nonintervention?
After the parties are married, the Doctrine of Nonintervention does not allow a court to intervene in an ongoing intact marriage to resolve internal disputes about family support, finances, and expenditures.
