Marriage

1
Marriage
2
Who Can Marry?

• I. Substantive Requirements
• 1. GENDER Almost uniform proh. on
• same sex marriages (Vt., Ha)
• 2. INCEST Uniform proh. marr to relatives by
  blood (consanguinity) or by marriage (affinity)
  but variation
• in range of proh. relationships
• 3. BIGAMY Uniform proh. on multiple marriages
  (at
• the same time)
• 4. AGE Uniform reg. marr to minors but range
  of reg
• 5. State of Mind Restrictions Fraud and duress
  
• more discretion in application
• Procedural/Formal Requirements
• 1. License
• 2. Ceremony

3
Formal Requirements

• License
• Provide information on age, relationship to
  spouse, etc.
• Blood/other health tests
• Waiting period

4
Formal Requirements (contd)

• Ceremony/Solemnization
• Religious
• Clerk
• Judge
• Proxy
• Witnesses

5
Majority Rule (Carabetta)

• Principle of Validation
• Failure to comply with formal requirements will
  not render marriage void as long as
• 1) At least one of the parties has good faith
  belief marriage is valid
• 2) Parties have capacity (meet substantive
  requirements)

6
Common Law Marriage

• Requirements
• Jurisdiction recognizes common law marriage
• Agreement/present intent to be married
• Public declaration holding out
• Cohabitation no minimum period
• Capacity (substantive requirement defining
  capacity to marry)
• No multiple marriages/bigamy
• Age
• Gender
• Incest prohibition
• No fraud or duress (sexual relations/childbearing)
  

7
Maryland Bar Exam Question

• Facts
• 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

8
Md. Bar Exam Question (contd)

• Does Darwin have any right to receive the
  surviving spouse's share of Bea's estate?
• Yes
• No
• (T E If no surviving spouse, Arabella and
  Barton share estate equally. If surviving
  spouse, spouse receives 15,000 plus ½ remaining
  estate)

9

• Valid Ceremony?
• _____ Duly authorized clerk, judge or rel.
  official?
• _____ Does it matter if there were no blood
  tests or witnesses?

10

• License 4 requirements to obtain
• Waiting Period? 48 hours but can be waived if
  Maryland resident or in armed services.
• Capacity
• 1) Age 16 or 17
• 2) Age 15
• 3) Under age 15

11

• 4) No prohibited relationships
• Gender
• Fraud or Duress
• So far so good, but
• 7) Bigamy
• (subsequent married void)

12

• Note No presumption of death in MD after
  lengthy absence but party cannot be criminally
  charged with bigamy if at the time of second
  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

13

• In 1992, Arnold returned to Maryland he and
  Caroline established domicile in Laurel, Prince
  George's County, Maryland. While living in
  Laurel, Arnold purchased 75 acres of land, titled
  in his name only, in the vicinity of the Laurel
  Racetrack. Arnold died intestate in 1993. At
  the time of his death, the land was appraised at
  750,000.
• Does Caroline have any interest as surviving
  spouse in Arnold's estate?
• Yes
• No

14
Common Law Marriage

• 1. Rule Cannot be created in Maryland but
  Maryland will recognize common law marriage if
  valid where contracted.
• Requirements
• a. ____________________
  
• b. ____________________
  
• c. ____________________
  
• d. ____________________
• e._____________________

15
Putative Spouse Doctrine

• Elements
• Innocent party/good faith belief
• Ceremonial marriage
• Marriage -void or voidable
• All elements here?