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 (cont’d)
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 (cont’d)
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. 1) First spouse was absent for seven years, and
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 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?