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Essential Requirements of Marriage

Essential Requirements of Marriage. Yes. You have to copy this down. Formal Requirements.

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Essential Requirements of Marriage

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  1. Essential Requirements of Marriage Yes. You have to copy this down.

  2. Formal Requirements • Formal requirements of marriage are just that – formalities. These are the requirements to do such things as get a licence, be married by someone qualified to perform a marriage ceremony, and make sure the event is witnessed andregistered.

  3. Essential Requirements • Essential requirements of marriage are the legal requirements that must exist for a marriage to be valid. Because marriage is a contract, many of the same elements required for a valid contract are required for a valid marriage.

  4. What if you don’t meet the formal and/or essential requirements of marriage? • The marriage is VOID – it never happened. You get an ANNULLMENT. • This is different than a DIVORCE – a marriage did happen and is now OVER. • Do you have to pay spousal support if your marriage is annulled? Do you have to pay child support?

  5. 1. Capacity • To have the capacity to marry, you must have the mental and legal ability to marry. • No one who lacks mental capacity by reason of illness, drugs or alcohol can legally marry.

  6. 2. Minimum Age • A valid marriage also requires the parties to be old enough to marry. • 18 years, or 16 with parental consent.

  7. 3. Genuine Consent • Since marriage is a contract, the parties must consent to it freely. If either party is forced or tricked into getting married, the marriage may be declared void.

  8. 4. Close Relationships • A marriage between two people who are too closely related either by consanguinity (blood), by adoption, or by affinity (marriage) is not valid.

  9. 5. Sexual Capacity • A valid marriage also requires consummation of the marriage. The partners must be physically able to have sexual intercourse to consummate the marriage. If either party lacks sexual capacity – for example, if the man or woman is impotent – the marriage may be dissolved.

  10. 6. No Prior Marriages • You can’t be married to someone else at the time

  11. Are these people married? • Gurvir and Harpreet go to Vegas. They get really drunk. They go to an Elvis impersonator and “get hitched.” • Krishna wants to marry his sister. • Ruchi’s is getting a divorce from Rixon. While the divorce is being finalized, she marries Jasleen. • Tanbir elopes with Ankush. They get married. Tanbir is 17. Ankush is 18.

  12. Are these people married? • Caydianne has an identical twin sister Dianne. She is engaged to be married to Priya. At the last minute, Caydianne decides she doesn’t like Priya, so she does a “switcheroo” with Dianne, who does. Priya unknowingly marries Dianne. • Jeremiah and Sharmela get married by Mr. Price. • Naveen gets his family parts ripped off in a blender accident. He marries Leena.

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