Overview

Question 1

Is marriage a legal status or a contractual relationship?

Answer 1

Marriage is both a legal status and a contractual relationship.

Question 2

What are the common statutory requirements across all jurisdictions required for a marriage to be formed?

Answer 2

1) Capacity to marry;
2) License to marry;
3) Married by someone authorized to perform the marriage;
4) Counseling and education;
5) Waiting periods.

Question 3

How can a valid marriage be proven?

Answer 3

1) Valid marriage certificate or record;
2) Testimony of witnesses present at ceremony; or
3) Evidence of matrimonial cohabitation and reputation in the community.