Legal Requirements for Marriage

Question 1

Basic requirements for ceremonial marriage

Answer 1

1. Marriage License; and
2. Solemnization

Question 2

What is Solemnization

Answer 2

: The ceremony of solemnization must be performed by an authorized civil authority who is present at the ceremony and affirms the existence of the marriage

Self-solemnization is recognized if:

• 2 parties stand together and declare themselves married in front of court of common pleas

Question 3

Proxy Marriage

Answer 3

A proxy marriage is a marriage ceremony without the physical presence of one or both of the parties, using an agent standing in for the absent party

Question 4

Common Law Marriage

Answer 4

1. Parties haven’t fulfilled the licensing and solemnization requirements just discussed, but they have shared a life together under conditions that are marriage-like
2. Staring January 1, 2005 common-law marriage not recognized in PA
   
   1. BUT PA will recognize common law marriage
      
      1. created on/before that date
      2. Created validly elsewhere

Question 5

Requirements for common law marriage

Answer 5

1. Expression of Intent
   
   1. The parties must state to each other their present intention to be husband and wife. There must be a declaration much like a traditional exchange of vows.
   2. Present assumption of the marrital status
2. Cohabitation
   
   1. The parties live together on an ongoing basis; and
   2. Consumation of the marriage
3. Holding Out as a Married Couple
   
   1. Parties must hold themselves out to the community as spouses, not merely partners
4. Legal Capacity
   
   1. 18 or older
   2. Capacity to marriage; and
   3. No impediments to marry

Burden of proof:

• Asserting party has the burden
• Clear and convincing evidence