Check Your Knowledge
Marriage, as you can see, has evolved from a simple union of a man and a woman into an institution with tight legal regulations.
Of course, it remains a great deal more than a legal institution, but for a marriage to be legally recognized, it must meet the basic legal requirements.
The following questions will help you determine your understanding of the previous section.
Work through the questions, and then compare your answers with the suggest answers.
Remember, contact your teacher if you have any questions about the course and the material.
Questions:
As a Legal Studies student, you are finding that people you know are coming to you with legal questions about marriage.
Some of their questions follow.
Answer each with a
yes
or
no,
followed by an explanation.
I turn 18 next month.
Can I marry my 19-year-old girlfriend?
Suggested Answer: You can marry her now with the consent of a parent or guardian. If you wait until you turn 18, you won’t need parental consent.
I am legally separated from my husband, and I am in love with another man. Can I marry this other man?
Suggested Answer: As a separated person, you are still married, so you cannot marry another person. You will have to get a divorce first.
My husband suffered extensive brain damage in an industrial accident just weeks after we married. He no longer knows me or understands that we are husband and wife. Can I have our marriage declared void on the grounds that mental capacity is lacking?
Suggested Answer: Since your husband had the necessary mental capacity at the time of the wedding, the marriage cannot be voided on the grounds that it is now lacking.
Can I marry my first cousin? She is 16 years old.
Suggested Answer: There is no law against marrying your first cousin, but since she is under the age of 18, she can get married only if she has the consent of her parents or guardian.
My girlfriend was pregnant and I married her because her mother said she would have both my legs broken if I didn’t. Is my marriage legal?
Suggested Answer: It is likely that this marriage could be annulled (declared void) since you consented to it under genuine fear for your personal safety. This constitutes duress.