Marriage Formation

Question 1

marriage

Answer 1

legal union of two individuals

Question 2

limitations on marriage

Answer 2

Age
Consanguinity
Capacity
Bigamy/polygamy

Question 3

age

Answer 3

must be 18 years or older

EXCEPT parental consent or judicial approval

Question 4

consanguinity

Answer 4

people **too closely related **are prohibited from marrying each other

Question 5

capacity

Answer 5

must have ability to comprehend and voluntarily consent to marriage

Physical incapacity: marriage is voidable if other pary unaware of other’s physical incapacity to consummate the marriage

Question 6

bigamy/polygamy

Answer 6

not allowed to marry if have prior undissolved marriage to another living spouse

Question 7

bigamy/polygamy exceptions

Answer 7

Removal of impediment: bigamous marriage validated by removal of impediment under Uniform Marriage & Divorce Act
- when prior marriage is terminated

Presumption of validity: rebuttable presumption that last of several marraiges is valid

Question 8

procedural requirements to marry

Answer 8

license and solemnization (ceremony)

then public record creation

Question 9

license

Answer 9

obtained from appropriate govt designed licensing officer prior to solemnization

Question 10

solemnization

Answer 10

ceremony conducted by an authorized clergy member or judicial officer

Question 11

public record of marriage creation

Answer 11

after solemnization, license must be completed/signed by person who solemnized the marriage and filed with the appropriate govt office

Question 12

state-of-mind requirements for marriage

Answer 12

both parties must consent to marriage

Question 13

consent factors

Answer 13

1. Capacity: parties must have capacity to understand and agree to their actions (intoxication can prevent capacity)
2. Intent: parties must intend to enter a marriage relationship on their own free will (no fraud, duress, coercion)

Question 14

common law marriage

Answer 14

couple legally considered married without having registered or performed legal requirements for marriage

ABOLISHED IN MOST STATES

Question 15

common law marriage requirements

Answer 15

1. Consent: both parties agree to be in a permanent, exclusive relationship
2. Cohabitation, and
3. Holding out publicly as spouses living together (joint bank acct, same last name, telling people they’re married, etc).

Commitment to cohabitate alone is INSUFFICIENT

Question 16

recognition of common law

Answer 16

new states will recognize valid common law marriage formed in old state (even if abolished in new state)