When it comes to getting married in the United States, there are certain legal requirements that couples must meet before tying the knot. One of these requirements is having the legal capacity to contract marriage.
What does legal capacity to contract marriage mean?
Simply put, legal capacity to contract marriage refers to a person’s ability to enter into a marriage contract. This encompasses a variety of factors, such as age, mental competency, and marital status.
Age requirements for legal capacity to contract marriage:
In most states, individuals must be at least 18 years old to get married without parental consent. However, some states allow minors to get married with parental or court approval. In some cases, the age requirement may be lowered for those who have served in the military.
Mental competency requirements for legal capacity to contract marriage:
To have the legal capacity to contract marriage, individuals must have the mental capacity to understand the nature of the contract they are entering into. This means they must be able to comprehend the rights and responsibilities that come with marriage. In cases where a person is deemed mentally incompetent, they may not have the legal capacity to contract marriage.
Marital status requirements for legal capacity to contract marriage:
In order to have the legal capacity to contract marriage, individuals must not be currently married or in a domestic partnership. If they are, they must first legally dissolve their current relationship before entering into a new one.
What happens if someone enters into a marriage contract without legal capacity?
If someone enters into a marriage contract without legal capacity, the marriage may be considered void or voidable. This means that the marriage is not legally recognized, and may be annulled by a court.
In conclusion, having the legal capacity to contract marriage is an important aspect of getting married in the United States. By ensuring that they meet all legal requirements, couples can enter into a marriage contract with confidence and peace of mind.