Requirements for Marriage Flashcards

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1
Q

What are the formal requirements for marriage?

A

Issuance of a marriage license AND solemnization of the marriage by an authorized official.

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2
Q

Common Law Marriage Rules

A

Most states today do not recognize common law marriage,

BUT most will recognize a common law marriage performed validly in another state unless the circumstances violate an important state public policy

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3
Q

Requirements for Common Law Marriage

A

(1) Capacity to marry;
(2) Present intent to be married;
(3) Cohabitation & consummation; and
(4) Holding out as a married couple

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4
Q

Common Law Marriage:

Who has the burden of proof?

What is the burden of proof?

A

Burden is on the party asserting it.

Typically, the elements must be proven by clear and convincing evidence.

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5
Q

What are the legal impediments to Marriage?

A

Not being of age (18 or 14-18 with parent consent)

Marriages between blood relatives (whether of the whole blood or half-blood). In a minority of states, the above is extended to relationships when the parties are relatives by marriage.

Lack of Consent

Fraud: the misrepresentation or failure to disclose must be intended to induce the other party to enter the marriage, AND it must be material

Prior Marriage Still in Force

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