Getting Married Flashcards
(25 cards)
What is marriage defined as?
A civil contract involving parties legally capable of consent, mutual promises, and rights and obligations.
What are the two types of marriage recognized by law?
- Ceremonial (or statutory) marriage
- Common-law marriage
What is required for a ceremonial marriage in Virginia?
Couples must obtain a marriage license and have the marriage solemnized.
What is the minimum age requirement to marry in Virginia?
18 years old.
Is there a waiting period between obtaining a marriage license and the marriage ceremony in Virginia?
No, Virginia does not impose a waiting period.
What happens if a marriage license is not solemnized within 60 days?
The license expires.
Are there any medical testing requirements for marriage in Virginia?
No blood test requirement.
True or False: Same-sex couples can marry in all states.
True.
Who can act as authorized celebrants for marriage in Virginia?
- Ministers of any religious denomination
- Judges
- Government officials like the Governor or Attorney General
What is the time frame for solemnization after obtaining a marriage license?
Solemnization must occur within 60 days.
Is there a requirement for witnesses at a marriage ceremony in Virginia?
No, there is no statutory requirement for witnesses.
What presumption exists regarding the validity of a marriage in Virginia?
Strong presumption that a marriage is valid.
What happens if a marriage is solemnized by an unauthorized person?
The marriage will not be voided due to lack of authority.
What is the rule about out-of-state marriages in Virginia?
A marriage valid where celebrated is valid everywhere unless against strong public policy.
Is residency required to marry in Virginia?
No, neither party needs to be a resident.
Does Virginia permit common-law marriages?
No, Virginia does not permit common-law marriages.
What must parties show to enter into a common-law marriage?
- Agreement they are married
- Cohabitation as married
- Holding themselves out as married
What actions were traditionally available for a broken engagement in Virginia?
Heart balm actions were permitted, but have been abolished.
What is the status of gifts made in contemplation of marriage in Virginia?
They are conditional and can be recovered upon breach of engagement.
What spousal rights have been eliminated in Virginia?
Restrictions against married women owning property.
What privilege exists regarding communications between spouses?
Spouses have a privilege against disclosure of confidential communications.
True or False: A wife is required to take her husband’s surname.
False.
What happens if a wife wants to revert to her birth name after marriage?
She can file an application in the circuit court.
Has inter-spousal immunity been abolished in Virginia?
Yes, it has been completely abolished.
