marriage laws

[skates]

hawaii marriage laws

if a marriage ceremony takes place but you later find out that a license has not been obtained, and a spouse has passed away, can anything be done to ensure that this marriage is legal?

 

[I AM ALWAYS LIABLE]

Re: hawaii marriage laws

if a marriage ceremony takes place but you later find out that a license has not been obtained, and a spouse has passed away, can anything be done to ensure that this marriage is legal?

My response:

No, it's too late. A "marriage" that did not conform to State law cannot be ratified "nunc pro tunc" after death.

IAAL

 

[I AM ALWAYS LIABLE]

My response:

I just thought of something - - and the reason for the "delay" in my thought processes is due to the fact that the issue, see below, rarely comes up.

The issue is called "putative spouse" status. A putative spouse must have had a good faith belief in the existence of a lawful marriage (i.e., attempted compliance with statutory license, solemnization, etc. requirements). The requisite good faith belief cannot be based on mere "common law vows."

In other words, if the surviving "spouse" believed for many years that all laws were complied with, and had a good faith belief they were married, then the surviving spouse may very well have a rebuttable claim to the Estate of the deceased "spouse."

See a local Family law attorney for further specifics.

IAAL