Getting Married

Question 1

What two things are required for a valid ceremonial marriage?

Answer 1

1. A licence

2. Solemnization

Question 2

What are the requirements for a marriage license (in most states)?

Answer 2

1. Age restrictions
2. Waiting period
3. Premarital medical testing

Question 3

What is the difference between a marriage contract and any other sort of contract?

Answer 3

Unlike most contracts, a marriage contract cannot be modified or terminated without state intervention.

Question 4

How is marriage defined in most states?

Answer 4

Marriage is a civil contract between a man and a woman.

*Even though this is no longer true (Obergefell v. Hodges, US 2015!), the bar exam has not been updated.

Question 5

When will a marriage license NOT be issued?

Answer 5

1. One of the parties is married to someone else
2. The parties are too closely related as defined by statute
3. The parties entered into a sham marriage
4. The parties are incapable of understanding the nature of the act
5. The parties are of the same sex and such marriages are not permitted under the law of the jurisdiction*
6. Most jurisdictions require the parties to not be under the influence and to not be under duress

Question 6

What are the three elements of common law marriage?

Answer 6

The parties:

1. Agree they are married;
2. Cohabit; and
3. Hold themselves out in public as married

Question 7

Must a state without common law marriage recognize a common law marriage entered into in a state that does?

Answer 7

Yes, under the Full Faith and Credit Clause of the Constitution.

Question 8

Under what conflict-of-law basis can a state refuse to recognize a union performed in another state?

Answer 8

A marriage valid under the law of the place where it was contracted will be valid elsewhere unless it violates a strong public policy of the state that has the most significant relationship to the spouses and the marriage.