Utah Code 81-2-408. Validity of marriage not solemnized or solemnized before an unauthorized individual
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(1) A marriage that is not solemnized according to this chapter is legal and valid if a court or administrative order establishes that the marriage arises out of a contract between two individuals who:
Terms Used In Utah Code 81-2-408
- Contract: A legal written agreement that becomes binding when signed.
- Court: means :(2)(a) a judge; or(2)(b) a court commissioner if the court commissioner has authority to hear the matter under Section
78A-5-107 or the Utah Rules of Judicial Administration. See Utah Code 81-1-101- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5(1)(a) are of legal age and capable of giving consent;(1)(b) are legally capable of entering a solemnized marriage under the provisions of this chapter;(1)(c) have cohabited;(1)(d) mutually assume marital rights, duties, and obligations; and(1)(e) who hold themselves out as and have acquired a uniform and general reputation as spouses.(2)(2)(a) A petition for an unsolemnized marriage shall be filed during the relationship described in Subsection (1), or within one year following the termination of that relationship.(2)(b) Evidence of a marriage recognizable under this section may be:(2)(b)(i) manifested in any form; and(2)(b)(ii) proved under the same general rules of evidence as facts in other cases.(3)(3)(a) A marriage solemnized before an individual professing to have authority to perform marriages may not be invalidated for lack of authority if consummated in the belief of the parties or either party that the person had authority and that the parties have been lawfully married.(3)(b) Except as otherwise explicitly provided by law, Subsection (3)(a) may not be construed to validate a marriage that:(3)(b)(i) is prohibited or void under Section81-2-403 ; or(3)(b)(ii) fails to meet the requirements of Section81-2-302 , as validated by a court with jurisdiction.