MARRIAGE

Question 1

Formal Marriage Requirements

Answer 1

1. Marriage license
2. Solemnization by a state-authorized official

Formal marriages are deemed preemptively invalid.

Most states will forgive marriage requirement issues as long as parties were eligible to marry and entered the purported marriage in good faith

Question 2

Common law marriage guidelines

Answer 2

Most states today do not recognize common law marriages. However states will recognize common law marriage that occurred validly in another state unless it violates public policy

Question 3

Common law marriage requirements

Answer 3

1. Capacity to marry
2. Present intent to be married
3. Cohabitation
4. Holding out as married couple

Burden of proof is on party asserting it

Question 4

Same-Sex Marriage

Answer 4

All states must allow same-sex couples to get married and accord them the same rights and obligations otherwise accorded to people who marry

Question 5

Impediments to Marriage

Answer 5

Age:

1. Prohibited under 14
2. Consent of parent or guardian between 14 and 18

Some states require 14-16 to have court approval
Some states make allowances for pregnant women

Consanguinity and Affinity:
A marriage license will not be issued for marriages between half or whole blood marriage with:
1. Ancestors/Descendants
2. Brother/Sister
3. Uncle/Aunt, Niece/Nephew

Lack of Consent due to mental incapacity of fraud:
Mental Incapacity - Inability of party to consent due to mental incapacity or infirmity will render marriage invalid

Fraud - Misrepresentation or failure to disclose must be intended to induce the other party to enter the marriage AND be material OR go to the essence of the marriage (sexual relations, ability to have children)

Physically Incapable - Ability to consummate is common law requirement

Prior Marriage Still in Force - Person who is already married is incapable of entering into another marriage unless:

1. Formal spouse has died
2. Prior marriage has been judicially terminated

Presumption is the marriage is valid if the earlier marriage was dissolved

Question 6

Consanguinity and Affinity

Answer 6

A marriage license will not be issued for marriages between half or whole blood marriage with:

1. Ancestors/Descendants
2. Brother/Sister
3. Uncle/Aunt, Niece/Nephew

Question 7

Lack of Consent due to mental incapacity of fraud:

Answer 7

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

Fraud - Misrepresentation or failure to disclose must be intended to induce the other party to enter the marriage AND be material OR go to the essence of the marriage (sexual relations, ability to have children)

Question 8

Annulment

Answer 8

A party (or third party) may seek a judgement declaring the invalidity of the marriage

Question 9

Grounds for Annulment

Answer 9

A purported marriage is void if it contains illegality (bigamy, incest)

A purported marriage is voidable but has legal effect untill an annulment is obtained

Question 10

Voidable Marriage reasons

Answer 10

1. Non-age
2. Impotence of Spouse
3. Temporary lack of capacity
4. Mental Incompetence

Question 11

Effects of Annulment

Answer 11

1. Property Division
2. Spousal Support

Possibilities for:

1. Unjust enrichment
2. Constructive trust
3. Putative Spouse doctrine

Question 12

Putative Spouse doctrine

Answer 12

Putative spouse is granted divorce-like remedies at the dissolution of the marriage even with flaw in validity of marriage

Elements:

1. Must be ceremonial marriage
2. One spouse in good faith believe in the validity of the marriage

Question 13

Rights of Unmarried Partners

Answer 13

Generally have no legal status other than common law marriage or putative spouse doctrine

Express and Implied Contracts - Courts will recognize express and implied Ks between cohabiting persons by which they agree to support each other or share property. Consideration cannot be strictly for sexual services.