Legal definition of marriage and california code

Getting Married: An Overview | Nolo

As used in this subdivision, "abuse against a child" means "child abuse" as defined in Section Before considering these allegations, the court may first require independent corroboration, including, but not limited to, written reports from law enforcement agencies, courts, probation departments, social welfare agencies, medical facilities, rehabilitation facilities, or other public agencies or nonprofit organizations providing drug and alcohol abuse services.

As used in this subdivision, "controlled substances" has the same meaning as defined in the California Uniform Controlled Substances Act, Division 10 commencing with Section of the Health and Safety Code.

In these circumstances, the court shall ensure that any order regarding custody or visitation is specific as to time, day, place, and manner of transfer of the child as set forth in subdivision b of Section A claim under this statute may be appropriate if one spouse sells a sexual photo or video without the consent of the other spouse.

This confidential relationship imposes a duty of the highest good faith and fair dealing on each spouse, and neither shall take any unfair advantage of the other. This confidential relationship is a fiduciary relationship subject to the same rights and duties of nonmarital business partners, as provided in Sections , , and of the Corporations Code, including, but not limited to, the following:.

Nothing in this section is intended to impose a duty for either spouse to keep detailed books and records of community property transactions.

Getting Married: An Overview

Consent must be followed by the issuance of a license and solemnization as authorized by this division, except as provided by Section and Part 4 commencing with Section An unmarried male of the age of 18 years or older, and an unmarried female of the age of 18 years or older, and not otherwise disqualified, are capable of consenting to and consummating marriage.

An unmarried male or female under the age of 18 years is capable of consenting to and consummating marriage if each of the following documents is filed with the county clerk issuing the marriage license: a The written consent of the parents of each underage person, or of one of the parents or the guardian of each underage person. If it appears to the satisfaction of the court by application of a minor that the minor requires a written consent to marry and that the minor has no parent or has no parent capable of consenting, the court may make an order consenting to the issuance of a marriage license and granting permission to the minor to marry.

The order shall be filed with the county clerk at the time the license is issued.


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As part of the court order granting permission to marry under Section or , the court shall require the parties to the prospective marriage of a minor to participate in premarital counseling concerning social, economic, and personal responsibilities incident to marriage, if the court considers the counseling to be necessary. The parties shall not be required, without their consent, to confer with counselors provided by religious organizations of any denomination.

In determining whether to order the parties to participate in the premarital counseling, the court shall consider, among other factors, the ability of the parties to pay for the counseling.

The court may impose a reasonable fee to cover the cost of any premarital counseling provided by the county. The fees shall be used exclusively to cover the cost of the counseling services authorized by this section. Consent to and solemnization of marriage may be proved under the same general rules of evidence as facts are proved in other cases. Except as provided in Section , a marriage shall be licensed, solemnized, and authenticated, and the certificate of registry of marriage shall be returned as provided in this part.

Common Law Marriage

Noncompliance with this part by a nonparty to the marriage does not invalidate the marriage. This division, so far as it relates to the solemnizing of marriage, is not applicable to members of a particular religious society or denomination not having clergy for the purpose of solemnizing marriage or entering the marriage relation, if all of the following requirements are met: a The parties to the marriage make, sign, and endorse on or attach to the license a statement, in the form prescribed by the State Department of Health Services, showing all of the following: 1 The fact, time, and place of entering into the marriage.

The statement of the parties to the marriage that the marriage was entered into in accordance with the rules and customs of the religious society or denomination is conclusively presumed to be true.


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A marriage contracted outside this state that would be valid by the laws of the jurisdiction in which the marriage was contracted is valid in this state.