Review: Who Can Marry?. I. Substantive Requirements 1. GENDER – Almost uniform prohib. on same-sex marriages (civil unions – e.g. Vt., Ha; same-sex marriage – Mass Ct.) 2. INCEST Uniform proh. marr to relatives by blood (consanguinity) or by marriage (affinity)
I. Substantive Requirements
1. GENDER – Almost uniform prohib. on
same-sex marriages (civil unions – e.g. Vt., Ha;
same-sex marriage – Mass Ct.)
2. INCEST Uniform proh. marr to relatives by blood
(consanguinity) or by marriage (affinity)
but variation in range of proh. relationships
3. BIGAMY/POLYGAMY – Uniform proh.
on multiple marriages (at the same time)
4. AGE – Uniform reg. of marr to minors but range of regs
5. STATE OF MIND RESTRICTIONS: Fraud and duress (consent)–
more discretion in application
Voidable – Must Have Judicial Declaration (Annulment) No 3rd party attack
Void – No Marriage (failure to meet certain substantive requirements such as bigamy, incest, gender)
Principle of Validation (if statute silent)
Failure to comply with formal requirements will not render marriage void or voidable as long as:
1) At least one of the parties has good faith belief marriage is valid
2) Parties have capacity (meet substantive requirements)
POLICY PROS & CONS?
1965 – Arnold & Bea have a valid marriage ceremony in Maryland
1975 – Arnold moves in with Caroline in D.C.
1980 – Bea & Darwin obtain license and have marriage ceremony before clerk in Maryland
1989 – Bea wins lottery and dies
Does Darwin have any right to receive the surviving spouse's share of Bea's estate?
(T & E: If no surviving spouse, Arabella and Barton share estate equally. If surviving spouse, spouse receives $15,000 plus ½ remaining estate)
_____ Duly authorized clerk, judge or rel. official?
_____ Does it matter if there were no blood tests or witnesses?
Waiting Period? 48 hours but can be waived if Maryland resident or in armed services.
(subsequent married void)
4) Age 16 or 17- preg or consent
Age 15 – preg and consent
Under age 15 – no marriage
1) First spouse was absent for seven years, and
2) Do not know whether the first spouse is alive at the time of subsequent marriage
Does Caroline have any interest as surviving spouse in Arnold's estate?
1. Rule: Cannot be created in Maryland but Maryland will recognize common law marriage if valid where contracted.
All elements here?