Legal Requirements/Impediments for Marriage

Question 1

Legal requirements of formal marriage

Answer 1

o Issuance of a marriage license, and
o Solemnization of the marriage by a state-authorized official

Question 2

Legal requirements of common law marriage

Answer 2

Four Requirements:
● Capacity to marry;
● Present intent to be married;
● Cohabitation & consummation; and
● Holding out as a married couple

Question 3

Validity of common law marriages

Answer 3

Most states today do not recognize common law marriage, but most states will recognize a common law marriage performed validly in another state unless the circumstances violate an important state public policy

Question 4

List of legal impediments to marriage

Answer 4

(1) nonage
(2) consanguinity and affinity
(3) lack of consent
(4) prior marriage still in force

Question 5

Nonage as legal impediment to marriage

Answer 5

o Either party under age 14: marriage is prohibited
o Either party between age 14-18: need consent of parent/guardian

Question 6

Consanguinity as legal impediment to marriage

Answer 6

Generally, a marriage license will NOT be issued for marriages between blood relatives (whether of the whole or half-blood) who are ancestor and descendant, siblings, or uncle/aunt and niece/nephew

Question 7

Lack of consent as legal impediment to marriage

Answer 7

May lack consent due to mental incapacity or fraud

Question 8

Mental incapacity as impediment to marriage

Answer 8

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

Question 9

Fraud as impediment to marriage

Answer 9

A majority of states use the tort definition of fraud: the misrepresentation or failure to disclose must be intended to induce the other party to enter the marriage, AND it must be material

Question 10

What if prior marriage still in force

Answer 10

o Cannot enter into another valid marriage unless:
● Former spouse has died, or
● Prior marriage was judicially terminated