Requirements for marriage

Question 1

Marriage requirements

Answer 1

Civil contract of marriage.

Legally capable of consent

Consideration (mutual promises & responsibilities)

Rights an obligation

-License & Solemnization (ceremony)

Question 2

Marriage license requirements

Answer 2

General age to marry: 18

Cannot get married if under 14

If pregnancy involved 14-16

16 - 17 parental consent

Prohibited between close relatives (closer than 1st cousins)

Question 3

Solemnization

Answer 3

No witnesses required

Both parties must be present w/

Present intent to marry

Authorized officiant

Question 4

Common law marriage

Answer 4

Recognizes CL marriage entered into in another state

Can’t create it w/in NC

Agree married,

Live together as H+W

Hold themselves out in public as being married

Question 5

Heartbalm action

Answer 5

Civil suit for $ damages based on harm to Ps reputation from broken engagement or interference w/ marriage.

SOL 3 years

Doesn’t permit the suit if act occurred in a state that doesn’t recognize c/a

If conduct occurred in NC w/out of state resident, NC long arm statute permits jx w/ sufficient contacts.

Question 6

Breach of promise to marry

Answer 6

P may sue a party who breaks off an engagement w/ out justification

(K)

Question 7

Criminal conversation

Answer 7

Tort

P may recover $ from third party who engages in sexual intercourse w/ Ps spouse

• P and spouse married & NOT legally separated
• Third party had sex w/ P’s spouse w/out consent

SOL begins to run when P should have known of the affair

Question 8

Alienation of Affections

Answer 8

P may recover from 3rd party

• P and spouse had a loving marriage;
• Spouses love was diminished or destroyed;
• The loss of affection was created by 3rd party’s malicious (intentional) conduct prior to the spouses separation.