Marriage

Question 1

Marriage

(Requirements)

Answer 1

Marriage requries:

1. A license;
2. A ceremony conducted by an authorized officiant;
3. No legal impediments to marriage;
4. Capactity to consent at the time of the ceremony.

⇒ Capacity includes both mental capacity and age.

Question 2

Legal Impediments to Marriage

Answer 2

The two most important legal impediments to marriage are:

1. Bigamy, or marriage to another person;
2. The couple is too closely related.

Question 3

Common Law Marriage

(Legal Requirements)

Answer 3

A valid common law marriage arises when:

1. The spouses consent to marriage and have capacity to consent;
2. There are no legal impediments to marriage;
3. The spouses cohabitate;
4. The spouses hold themselves out to the public as married.

Question 4

Annulment

(Definition)

Answer 4

Annulment is a declaration that a marriage is invalid.

Question 5

When is annulment available?

Answer 5

Annulment is available when a marriage is either void or voidable.

Question 6

When is a marriage void?

Answer 6

A marriage is void when the marriage fails to meet one of the essential requirements of marriage. These include bigamy and too closely related.

Third parties attack a void marriage collaterally. (Think IRS.)

Question 7

When is a marriage voidable?

Answer 7

A marriage is voidable if an event or condition affects the adequacy of consent. A voidable marriage can be ratified by continued cohabitation after the impediment is removed.

Examples:

• Nonage;
• Lack of capacity;
• Duress.