Most people don’t have to think twice about whether or not they are married. They have the marriage license, photographs, gifts, and maybe even the gown or tux to prove it. However, timing can be crucial when getting married, as one Virginia couple learned the hard way.
In this case, the couple had a wedding ceremony officiated by a duly licensed officiant in Virginia. However, the ceremony took place sixteen (16) days before they obtained their marriage license.
Afterward, the couple lived together as husband and wife for eight (8) years and even signed an agreement dividing up their property and settling other matters in the event they separated or divorced. According to this marital agreement, the “wife” was to receive $125,000 per year in alimony if they divorced, plus over $300,000 in attorney’s fees.
When the woman filed for divorce and asked the man to follow the terms of their agreement, he argued that he didn’t have to pay because they were never legally married.
Absurd, right? The couple had a ceremony, obtained a license, and lived together as husband and wife for 8 years!
Why Weren’t They Married?
Despite all appearances, both the trial and appellate courts sided with the man, concluding that the couple was never married. As a result, the woman did not receive spousal support or attorney’s fees, and the marital agreement was deemed null and void.
Virginia law requires couples to obtain a valid marriage license from the Commonwealth before getting married. Failure to do so, as this woman discovered, means the marriage is legally invalid. This can affect any agreements made under the belief that the couple was married.
How This Affects You
If you’re going through a divorce, concerned about the timing of your marriage, or facing any other family law issue, it’s crucial to consult a knowledgeable family law attorney. The experienced attorneys at DiPietro Family Law Group have decades of experience handling family law matters and are here to help you.
Contact one of our DiPietro family law attorneys today to schedule a consultation at (888) 530-4374, or visit us online.
