Legal Requirements for Marriage

Question 1

What are legal requirements for a formal marriage

Answer 1

1. issuance of a marriage license
2. solemnization of the marriage by a state-authorized official

Question 2

Is common law marriage legal?

Answer 2

Most states currently don’t recognize common law marriage, though most states will recognize a common law marriage performed validly in another state

Question 3

What are exceptions regarding one state honoring another state’s valid common law marriage

Answer 3

If the circumstances surrounding the common law marriage in a second state violate an important public policy of the state refusing to recognize the common law marriage.

Question 4

What are requirements for common law marriage

Answer 4

1. capacity to marry
2. present intent to be married
3. cohabitation and consummation
4. holding each other out as a married couple

Question 5

What are legal impediments to marriage?

Answer 5

1. Nonage
2. Consanguinity and affinity
3. Lack of consent
4. Prior marriage still in force

Question 6

What is the age requirement for marriage?

Answer 6

Majority rule: marriage is prohibited if either party is under age 14

Minority rule: if either party is between the ages of 14-18 then parental consent is required

Question 7

What is consanguinity and affinity requirement for marriage?

Answer 7

A marriage license generally won’t be issued for marriages between blood relatives who are ancestors and descendants, siblings, or aunt/uncle or nice/nephew
-applies to both full and part siblings

Question 8

When will marriage be invalid due to lack of consent?

Answer 8

1. lack of mental capacity
2. fraud

Question 9

What is mental capacity requirement for marriage

Answer 9

Inability of party to consent to marriage due to mental incapacity or infirmity will render marriage invalid

Question 10

When does fraud equate to lack of consent for purposes of marriage?

Answer 10

Majority of states use the tort definition of fraud for purposes of lack of consent regarding marriage:
1. misrepresentation or failure to disclose
2. material fact
3. intended to induce other party to enter the marriage

Question 11

What are requirements regarding past marriages for purposes of entering a new marriage.

Answer 11

A person cannot enter into another valid marriage unless
1. former spouse has died or
2. prior marriage was judicially terminated

Question 12

What is an annulment?

Answer 12

Annulment is a judicial declaration that the marriage is invalid

Question 13

What are void marriages?

Answer 13

Void marriages have no legal effect and cannot be recognized

Question 14

What are grounds for a marriage being declared void?

Answer 14

1. bigamy
2. incest

Question 15

What are voidable marriages?

Answer 15

Voidable marriages are valid until and unless the aggrieved party obtains an annulment

Question 16

What are grounds for voidable marriages?

Answer 16

1. non-age
2. impotence of spouse
3. temporary lack of capacity (including intoxication)
4. mental incompetence