Can a minor be married under common law?

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Can a minor be married under common law?

Asked on January 9, 2013 under Family Law, Iowa

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are under the age of 18 in Iowa you are considered a minor. A marriage is a contract between two people and minors are not considered to have the "capacity" to contract.  Because of same, a minor the age of 16 or 17 in Iowa must have parental consent to marry.  So even though common law marriage is recognized under the law in Iowa, it is unlikely that a minor could be considered married under those laws. 


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