Friday, April 7, 2006
Family Law casebooks nearly universally address the problem of a marriage with a defect in solemnization, providing those lovely cases in which students learn about laws that are "directory rather than mandatory." New Jersey court of appeals reminds us that no such leeway will be given to couples to try to marry without a license. The court held that a couple's marriage was void despite solemnization by an authorized cleric, as they failed to obtain license to marry and New Jersey statutes declare that any purported marriage performed without marriage license is "absolutely void." Various validating acts addressed marriages with defects in solemnization did not excuse absence of a license.
Yaghoubinejad v. Haghighi, 2006 N.J. Super. LEXIS 99 (April 4, 2006) bgf