Also known as:mariages de convenance · marriage of convenience · sham marriage
Written by attorneys · grounded in primary & secondary sources — see below
A marriage contracted chiefly to secure a collateral legal benefit such as immigration status rather than to establish the mutual obligations and status of a genuine marital relationship. Courts following the traditional approach uphold the marriage when the parties satisfied all formal requirements of licensing and ceremony even if they executed a collateral agreement disclaiming support or cohabitation. Courts following the intent-based approach invalidate the marriage when the parties never intended to assume the usual duties of marriage.
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Common Law
Dictionaries
How it applies
Common Examples
2
Immigration-Based Ceremony With Separate Lives
Melissa Mills and Mariam Mansour obtained a marriage license and participated in a civil ceremony performed by a licensed officiant. The day before the ceremony they signed an agreement stating the marriage existed only to allow Mariam to obtain work authorization and that they would maintain separate residences and finances. After the ceremony they never cohabited or commingled assets. Under the traditional approach the marriage remains valid because the parties satisfied all procedural requirements even though the collateral agreement is unenforceable as contrary to public policy.
Security-Clearance Marriage With Written Disclaimer
Matthew Martinez and Monica Morgan entered a civil ceremony after signing a written agreement that the marriage existed solely to satisfy a work-related security clearance and that neither would assume any support or cohabitation duties. They lived separately throughout the project and kept all finances apart. Under the intent-based approach the marriage is invalid because the parties never intended to assume the usual obligations and status of marriage.
Common questions
Frequently Asked
4
What distinguishes a mariage de convenance from a valid marriage under the traditional approach?+
Under the traditional approach a mariage de convenance remains valid when the parties were competent and satisfied all licensing and ceremony requirements. The collateral agreement disclaiming marital obligations is unenforceable on public policy grounds but does not retroactively invalidate the marriage itself.
Supporting sources
How does the intent-based approach treat a mariage de convenance?+
The intent-based approach invalidates the marriage when the parties never intended to assume the usual obligations and status of marriage. Evidence of a pre-ceremony agreement limiting the marriage to immigration or employment benefits together with conduct showing separate residences and finances demonstrates the absence of genuine marital intent.
Does a written side agreement automatically invalidate a mariage de convenance?+
No. Under the traditional approach the side agreement is merely unenforceable as contrary to public policy while the marriage itself remains valid if formal requirements were met. Under the intent-based approach the same agreement supplies direct evidence that the parties lacked the requisite intent to form a genuine marriage.
Supporting sources
Why do courts emphasize formal compliance in mariage de convenance cases?+
Formal compliance supplies an objective record that promotes certainty in marital status for third parties and government agencies. Requiring courts to investigate subjective motives after the fact would create administrative burdens and inconsistent outcomes.
Supporting sources
Family LawGetting married · State of mind requirementsUBEIntermediate