30-1-4.5 - Validity of marriage not solemnized.
30-1-4.5. Validity of marriage not solemnized.
(1) A marriage which is not solemnized according to this chapter shall be legal and validif a court or administrative order establishes that it arises out of a contract between a man and awoman who:
(a) are of legal age and capable of giving consent;
(b) are legally capable of entering a solemnized marriage under the provisions of thischapter;
(c) have cohabited;
(d) mutually assume marital rights, duties, and obligations; and
(e) who hold themselves out as and have acquired a uniform and general reputation ashusband and wife.
(2) The determination or establishment of a marriage under this section must occurduring the relationship described in Subsection (1), or within one year following the terminationof that relationship. Evidence of a marriage recognizable under this section may be manifested inany form, and may be proved under the same general rules of evidence as facts in other cases.
Amended by Chapter 261, 2004 General Session