Contractual Effectiveness of Wedding Vows
Contractual Effectiveness of Wedding Vows
April 7, 2005Posted By weddings
More articles on the Wedding Vows topic: General Information
Here is an interesting question:
What happens when a wedding takes place, but marriage certificate is
not recorded? (Wedding Vows were exchanged, Marriage license was obtained, and marriage certificate
was signed by witness and minister, but certificate was not returned to
the county office for entry into the public records.)
It appears that the answer would depend on the state that you are in. The question probably wouldn't come up for a bride who has taken on her husband's name, since a mix up like this would be a problem with getting various governmental bodies to change the name efficiently.
A Pennsylvania trial court had to decide the validity of a marriage in the ultimate circumstances. There was a dispute about who was entitled to the groom's estate -- because, apparently he died at the altar, before the minister said, "I now pronounce you man and wife," but AFTER the couple had exchanged vows.
The court invoked contractual principles to rule that the exchange of vows constituted consent and made the marriage valid.
Some states recognize common law marriage, because there is a public declaration of a marriage contract. Many states have other requirements for a common law marriage.
The states that recognize common law marriage are: Alabama, Colorado, Georgia, Idaho, Iowa, Kansas, Montana, Ohio,Oklahoma, Pennsylvania, Rhode Island, South Carolina, and Texas. The requirements for each state is different with SC being the most liberal (fewest requirements).
In the case where one has moved from a common law marriage state, to one which does not recognize common law marriage typically, the state in which the common law mariage occured must validate the marriage. Then, under full faith & credit, the non common law state must recognize the marriage.
When moving accross state borders, it is important to check with a lawyer and discover the different legal principals that apply to a marriage.
