Also known as: iustum matrimonium · valid marriage · lawful marriage · Roman marriage
Written by attorneys · grounded in primary & secondary sources — see below
A lawful marriage formed when parties possess capacity to consent, exchange consents to a permanent exclusive relationship, and satisfy any required formalities such as license and solemnization or the elements of common law marriage.
June Jiang and Jeffrey Jha exchanged vows at a ceremony after both consumed several shots of liquor. June later seeks to have the marriage declared invalid. Because capacity is measured at the moment of the ceremony, the court finds neither party understood the nature of the act and holds that no justum matrimonium was created.
Judy Jacobs is called to testify against her husband Jonathan Jaffe in a federal fraud prosecution. The couple participated in a ceremony that satisfied all state requirements for a valid marriage. Because a justum matrimonium exists, the witness spouse alone decides whether to testify and the court cannot compel her over her objection.
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Jacqueline Juarez and Jordan Jenkins lived together for three years, used the same last name on joint accounts, and introduced themselves as spouses at community events. When Jacqueline later claims inheritance rights, the court finds the exchange of consent, cohabitation, and public holding out established a justum matrimonium under common law rules.
Jordan Dynamics employee Jeffrey Jha and his partner formed a common law marriage while living in a state that still recognizes such unions. After moving to a state that has abolished common law marriage, Jeffrey seeks spousal benefits. The new state must treat the relationship as a justum matrimonium because it was valid where created.
Jonathan Jaffe and Judy Jacobs held a ceremony performed by a member of the clergy but never obtained a marriage license beforehand. When Jonathan later seeks to enforce marital property rights, the court holds that the absence of the required license prevents formation of a justum matrimonium despite the solemnization.
Jacqueline Juarez and Jordan Jenkins cohabited and raised a child together but never exchanged words agreeing to a permanent exclusive marital relationship. When Jacqueline seeks maintenance after separation, the court finds no justum matrimonium because the consent element required for either ceremonial or common law marriage is absent.
The parties must exchange consents to a permanent exclusive relationship, cohabit, and hold themselves out publicly as spouses. No minimum duration is required so long as all three elements exist at the same time.
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Yes. Mental capacity is judged at the exact time of the ceremony. If either party is under the influence of alcohol or drugs to the point of not understanding the nature of the act, no valid marriage is created.
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Yes. Full faith and credit principles require recognition of a justum matrimonium validly created under the laws of the state where it was formed, even if the forum state no longer permits new common law marriages.
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No. The privilege applies only during a valid marriage. If the relationship never satisfied the requirements for a justum matrimonium, neither spouse may assert spousal immunity to block testimony.
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…not help but bring "considerable disaster to innocent persons" and "bastardize children hitherto supposed to be the offspring of lawful marriage" (Mr. Justice Holmes dissenting in Haddock v. Haddock , supra, p. 628), or else encourage collusive divorces. Beale, Constitutional Protection of Decrees for Divorce, 19 Harv. L. Rev. 586,…