Legal Definitions - favor matrimonii

Favor matrimonii is a Latin legal principle that translates to "in favor of marriage." It signifies a court's general inclination and legal presumption to uphold the validity of a marriage whenever possible.

This principle guides judges to interpret laws and evidence in a way that supports the existence and legality of a marital union, rather than finding reasons to invalidate it. Courts will typically require strong and clear evidence to declare a marriage void or invalid, especially if the parties genuinely intended to marry and have been living as spouses.

• Example 1: Minor Procedural Irregularity

  A couple gets married in a civil ceremony, but years later, during a property dispute, it's discovered that the marriage license was filed a day late due to an administrative oversight by the clerk's office. One party's estranged relative attempts to argue that the marriage is therefore invalid, which would affect inheritance rights.

  How it illustrates favor matrimonii: A court, applying the principle of favor matrimonii, would likely overlook this minor, non-substantive procedural error. Since the couple clearly intended to marry, exchanged vows, and lived as spouses, the court would prioritize upholding the validity of their marriage over a technicality, ensuring their union is legally recognized.

• Example 2: Challenge to a Long-Standing Marriage

  After a spouse passes away, a distant relative challenges the deceased's marriage of 40 years, claiming that the deceased lacked full mental capacity at the time of the wedding due to a previously undiagnosed condition. The surviving spouse and other family members testify that the deceased was fully aware and happy to marry.

  How it illustrates favor matrimonii: The court would apply favor matrimonii by placing a high burden of proof on the relative challenging the marriage. Given the long duration of the marriage and the consistent intent of the parties, the court would presume the marriage was valid and require extremely compelling evidence to invalidate a union that was clearly established and maintained for decades.

• Example 3: Recognition of Foreign Marriages

  A couple marries in a destination wedding in a foreign country, following all local customs and legal requirements there. Years later, they decide to divorce in their home country. One spouse's lawyer attempts to argue that the foreign marriage was not legally binding under a very obscure, rarely enforced local statute of the foreign country, hoping to avoid spousal support obligations.

  How it illustrates favor matrimonii: A court in the home country, guided by favor matrimonii, would generally presume the foreign marriage was valid. Unless there is clear and convincing evidence that the marriage was fundamentally flawed or contrary to public policy, the court would uphold the validity of the marriage performed abroad, allowing the divorce proceedings to move forward based on a recognized legal union.