Void v voidable marriage

Question 1

what does it mean for a marriage to be void?

Answer 1

invalid from inception
it can be challenged by either spouse or 3rd party
and it can be challenged at any time and any proceeding
example: incest and bigamy

Question 2

What does it mean for a marriage to be voidable?

Answer 2

valid until a court declares it invalid
a. challenged only by a spouse
b. challenged only during the marriage & cannot be attacked in a related proceeding
c. a voidable marriage can be ratified (makes marriage valid if you stay in the relationship after you realized the defect existed)
d. Ex. Age, lacked mental capacity, unknown impotency, duress, fraud

Question 3

is a marriage procured by fraud voidable?

Answer 3

Uses “but for” test he would not have married her had he known truth

Question 4

is a marriage void after a solemnization ceremony where a marriage license was not obtained

Answer 4

a violation of formality requirements, such as the failure to obtain a marriage license, will not invalidate a marriage. unless the jurisdiction has a statute expressly making a marriage invalid without a license.

Question 5

elements of common law marriage, what are the elements?

Answer 5

1. capacity
2. present agreement to be married
3. cohabitation
   4.holding themselves out as married

Question 6

what is putative spouse doctrine

Answer 6

protects a spouse who has a good faith belief in the validity of the marriage

despite existence of an impediment