Legal Definitions - consensual marriage

A consensual marriage refers to a legal union between two individuals where both parties have freely, voluntarily, and knowingly agreed to enter into the marriage. This means their decision to marry is made without any form of coercion, undue influence, fraud, misrepresentation, or duress. Both individuals must have the legal capacity to consent, meaning they understand the nature and implications of marriage and are not impaired in their judgment.

Here are some examples illustrating consensual marriage:

• Example 1: Mutual Agreement After Engagement
  After dating for several years, Liam proposed marriage to Chloe. Chloe, having carefully considered their future together and her feelings for Liam, joyfully accepted his proposal. They then proceeded to plan their wedding and legally register their marriage.

  Explanation: This is a consensual marriage because both Liam and Chloe freely and willingly agreed to marry each other. Chloe's acceptance was genuine and uncoerced, demonstrating mutual consent to enter the marital union.

• Example 2: Absence of Pressure or Deception
  Maria and Juan, both adults, decided to marry after a period of courtship. Neither party was pressured by family, threatened with negative consequences, or deceived about the other's identity or intentions. They both understood the commitment they were making and desired to be married to each other.

  Explanation: Their marriage is consensual because their agreement was made without any external pressure, threats, or fraudulent misrepresentations. Their decision was an autonomous choice by both individuals, fulfilling the requirement of free and voluntary consent.

• Example 3: Implied Consent in Common-Law Marriage
  In a state that recognizes common-law marriage, Robert and Susan lived together for over a decade, consistently presenting themselves to their community, friends, and family as husband and wife. They shared bank accounts, filed joint tax returns, and made significant life decisions together as a married couple, even though they never had a formal wedding ceremony.

  Explanation: In jurisdictions where common-law marriage is recognized, their actions and consistent public representation of themselves as married demonstrate their mutual and consensual intent to be married. Their consent, though not expressed in a formal ceremony, is clearly implied through their conduct and shared understanding of their relationship as a marriage.