CALIFORNIA FAMILY LAW
...Marital Status
......Validity of Marriage
.........Presumption/Proof
5 Cards On This Topic:
  • Ceremonial marriage presumed valid.
  • General rules of evidence apply to proof of consent and solemnization of marriage.
  • Trial court correct in finding that executor met his burden of rebutting the presumption of the validity of decedent's marriage.
  • Presumption that ceremonial marriage is valid can support claim of party who knew marriage not valid.
  • Second marriage presumed valid; burden is on person attacking validity of second marriage to prove first not terminated; presumption found to have been overcome.