Getting Married Flashcards
What are the two conditions of a Civil Contract
1) parties must be legally capable of consent
2) marriage contract cannot be modified or terminated without state intervention
Define ceremonial (statutory) marriage
The parties must obtain a license and participate in a ceremony
What are the license requirements for a ceremonial marriage
1) need capacity (over 18 or parental consent)
2) waiting period between application and date of issuance
3) Medical testing: state can mandate but not condition on testing
4) expiration date
When is a marriage license not issued
1) one party is married to someone else
2) the parties are too closely related
3) the marriage is a “sham”
4) the parties are incapable of understanding the nature of the act
5) one or both parties is under the influence of alcohol or drugs
6) a party lacks consent due to duress of fraud
T/F: same-sex marriage is permitted in all states, and all states and the federal government must recognize the same-sex marriage legally entered into in another state.
True
What are the requirements for a ceremony to be valid?
1) the ceremony must be performed in front of two or more witnesses
2) a judge, political official, or member of the clergy must solemnize a marriage
What are the requirements of a common-law marriage?
The parties agree, they are married, cohabitate as married, and hold themselves out to the public as married.
A marriage that is valid under the law of the place in which it was contracted as valid elsewhere unless it
Violates a strong public policy
Legal and mental capacity means
Person is 18 or older (or parental consent)
The parties are not too closely related
The parties understand nature of the active marriage
In common law, marriage, what is defined as intent
Intent must be evidenced by words in the present tense. For example, saying we are married.
