Legal Impediments to Marriage

Question 1

Age

Answer 1

• Must be 18 years +
• In Pennsylvania, a marriage license will not be issued without the consent of a parent or guardian if under 18 years old
• If under 16, court must consent to issue marriage license

Question 2

Consanguinity

Answer 2

A marriage license will not be issued for marriages between blood relatives who are

1. Parent and child
2. Grandparent and grandchild
3. Siblings
4. Uncle/niece or aunt/newphew
5. First cousins

Question 3

Incapacity

Answer 3

IF:

1. Weak-minded; or
2. Unsound mind
3. Under influence of drugs

Cannot get married

Question 4

legal standard for capacity for marriage

Answer 4

Must understand the nature of the marriage contract

*Capacity is presumed

Question 5

Prior Marriage Still in Force

Answer 5

1. A marriage is void if contracted by a person who has a living spouse (bigamy)
2. Second marriage is prohibited and will not be recognized as valid unless
   
   1. ​the former marriage is annulled or dissolved; or
   2. Court declares that former spouse is presumed dead and spouse is free from the marriage
      
      • statutory period of absence required for a presumption of death = 7 years

Question 6

Removal of Impediment and Putative Spouses

Answer 6

If there is an impediment to a marriage at the time the marriage ceremony occurs, and then after that the impediment is removed, the marriage can be validated later as long as:

1. it was originally entered into in good faith; and
2. after the impediment has been removed, the parties continue to live together as husband and wife