Creating a Marriage

Question 1

How does FL define marriage?

Answer 1

(1) a contract between two individuals who are eligible to marry
(2) parties who have the capacity to marry and must consent to the marriage

Question 2

What is required of the marriage license?

Answer 2

(1) must apply together
(2) no blood test required, but need a signed, notarized affidavit providing their social security numbers and ages
(3) parties have to tell the clerk they have read the rights and responsibilities of parties to a marriage and (a) they wait three days OR (b) complete a pre-marital prep course; and
(4) license will expire in 60 days

Question 3

Who is authorized to marry a couple?

Answer 3

(1) minister
(2) judge
(3) former judge
(4) circuit court clerk; and
(5) notary

Question 4

Where does a putative marriage exist?

Answer 4

one person has been living with another person in a genuine belief that the two are married, even though they aren’t

Question 5

Is a putative marriage valid or enfoceable?

Answer 5

No

Question 6

What recourse does the innocent party in a putative marriage have?

Answer 6

If the innocent party had a good faith belief that the marriage was valid, this party may be entitled to compensation and/or benefits upon discovery of the defect and termination of the relationship (just like divorce)

Question 7

What are the prerequisites to marry?

Answer 7

(1) capacity
(2) consent
(3) inent

Question 8

What is capacity?

Answer 8

In order to marry, one must have capacity, the cognitive ability to understand what marriage is and what is expected of a married person.