Marsicano v. Marsicano

Citations

• 79 Fla. 278
• 84 So. 156

Syllabus

<p>1. Where a suit for alimony is brought under Section 1933 General Statutes, 1906, predicated upon the existence of a ground for divoice, the complainant should allege and prove residence in this State for the requisite statutory period before the ling of the bill, and also the existence of the marital relation between the complainant and the defendant, and a ground for divorce under the statute in favor of the complainant.</p> <p>2. The common law is in force in this State, except where it is modified by competent governmental authority.</p> <p>3. No statute of this State expressly or by fair implication renders invalid or void marriage contracts between competent parties that are consummated under the recognized rules of the common law.</p> <p>4. Marriage is something more than a mere contract, though founded upon the agreement of the parties. When once formed, a relation is created between the parties which they cannot change; and the rights and obligations of which 'depend not upon their agreement, but upon the law, statutory or common. It is an institution of society, regulated and controlled by public authority.</p> <p>5. ' The two essentials of a valid marriage at common law are •capacity and mutual consent, an'd it is well settled that under the common láw the marriage relation may be formed by . words of present.assent, per, vertía, de. praesenti, and without the interposition of any person lawfully authorized to solemnize marriages, or to join persons in marriage.</p> <p>6. To constitute a valid marriage per vertía de praesenti there ■ must be an agreement to become'husband and wife immediately from the time when the mutual consent is given-. An express future condition is absolutely fatal to a claim of marriage, and cannot be explained away by circumstances.</p> <p>7. Marriages per verba cle futoro cum copula are not recognized in this State.</p> <p>S. The evidence does not show a marriage per verba de praesenii.</p>