Marriage

Question 1

Requirements for marriage?

Answer 1

1) license*
2) ceremony w/ authorized officiant
3) no legal impediments
4) capacity to consent

Question 2

What 6 factors may show a lack of capacity to consent?

Answer 2

1) drug/alcohol intoxication
2) fraud
3) duress
4) coercion
5) force
6) lack of age

Question 3

What legal impediments must be avoided to have a valid marriage?

Answer 3

Parties must:
1) not be too closely related
2) not have prior undissolved marriage to living spouse (bigamy)

Question 4

What level of capacity necessary to have valid consent?

Answer 4

Parties must:
1) understand their actions AND
2) voluntarily agree to them

Question 5

Requirements for valid common law marriage?

Answer 5

1) consent to marry
*includes capacity & no legal
impediments
2) cohabitation
3) couple holding selves out as spouses
*look for legal docs/community
perception

Question 6

Is a license or ceremony required for common law marriage?

Answer 6

No

Question 7

What is marriage by estoppel (putative marriage)?

Answer 7

equitable remedy to protect innocent party who acted in good faith when entering an invalid marriage