Legal Definitions - last-in-time-marriage presumption

The last-in-time-marriage presumption is a principle in family law that holds that when a person has entered into multiple marriages, the most recent marriage is presumed to be legally valid.

This presumption typically arises when there is a dispute about the validity of a marriage, often because an earlier marriage might not have been properly dissolved (e.g., through a valid divorce or annulment) before a subsequent marriage took place. In such cases, the law places the burden of proof on the party challenging the validity of the latest marriage. This means that the person claiming the most recent marriage is invalid must present clear evidence to demonstrate that the prior marriage was never legally ended.

Here are some examples illustrating how the last-in-time-marriage presumption applies:

• Property Division in Divorce: David marries Emily, but they separate without ever formally divorcing. Years later, David marries Sarah. After several years, David and Sarah decide to divorce, and Sarah seeks an equitable division of their marital assets. Suddenly, Emily appears, claiming she is still legally married to David and therefore Sarah's marriage is invalid, which would affect Sarah's claim to marital property. Under the last-in-time-marriage presumption, Sarah's marriage to David is presumed valid. Emily would bear the burden of proving that her marriage to David was never legally dissolved, thereby demonstrating that David's subsequent marriage to Sarah was bigamous and invalid.

• Inheritance Dispute: Maria marries Robert, but they later separate, and Robert moves to another state. Believing their marriage to be effectively over, Robert marries Lisa a few years later. Robert then passes away without a will. Lisa, as the surviving spouse, begins the process of inheriting Robert's estate. However, Maria comes forward, asserting that she and Robert were never legally divorced and therefore she, not Lisa, is Robert's rightful surviving spouse. The last-in-time-marriage presumption dictates that Lisa's marriage to Robert is presumed valid. Maria would be responsible for providing evidence that her marriage to Robert was never legally terminated, thus challenging the validity of Robert's marriage to Lisa and her claim to the estate.