What are Marriage Presumptions?
There are three…
The first presumption is that unless proof is presented otherwise, a marriage that occurs subsequent to another marriage is to be considered valid. Meaning, if you get married after a divorce or annulment, that the new marriage is assumed to be lawful and that if the marriage’s validity is questioned that the burden of proof lies with the party doing the questioning. It is not the married couple’s responsibility to prove that their marriage is valid, but proof must be provided showing that it is not.
The second presumption relates to the validity of ceremonial marriages. The presumption is that so long as a couple can produce reasonable proof that a ceremony took place that the marriage is thereafter presumed to be valid.
The third presumption is that a relationship that appears to be a marriage, ie a couple cohabits, is assumed to be a genuine relationship rather than “meretricious cohabitation,” which is a fancy way of saying that the relationship exists solely for the purpose of satisfying carnal desires.
What is the purpose of marriage presumptions?
The reason these “benefit of the doubt” presumptions exist is theoretically to aid in the stability of family structure and as such presumes innocence in the absence of proof. By assuming the validity of relationships it helps maintain continuity and prevents upsets within the family structure.
What do I do next?
If you have concerns regarding a marriage relationship that would cause its validity to be questioned, then give us a call to discuss your legal options. Whatever your circumstance, we are here to help.
Boeheim Freeman Law is committed to helping you and providing you with the best legal representation and counsel. Why hire an attorney, when you can hire a team?