Revised Statutes of 1846
R.S. of 1846
551.2 Marriage as civil contract; consent; license; solemnization.
Sec. 2.
So far as its validity in law is concerned, marriage is a civil contract between a man and a woman, to which the consent of parties capable in law of contracting is essential. Consent alone is not enough to effectuate a legal marriage on and after January 1, 1957. Consent shall be followed by obtaining a license as required by section 1 of Act No. 128 of the Public Acts of 1887, being section 551.101 of the Michigan Compiled Laws, or as provided for by section 1 of Act No. 180 of the Public Acts of 1897, being section 551.201 of the Michigan Compiled Laws, and solemnization as authorized by sections 7 to 18 of this chapter.
History: R.S. 1846, Ch. 83 ;-- CL 1857, 3205 ;-- CL 1871, 4720 ;-- How. 6210 ;-- CL 1897, 8589 ;-- CL 1915, 11363 ;-- CL 1929, 12691 ;-- CL 1948, 551.2 ;-- Am. 1956, Act 44, Eff. Aug. 11, 1956 ;-- Am. 1996, Act 324, Imd. Eff. June 26, 1996
Notes of Decisions
Cited in
30
cases (
3 in the last 5 years), 1959–2025 · leading case:
Caspar v. Snyder
Caspar v. Snyder (2015)
mied · cites it 6×
“g., Alaska Stat. § 25.05.311 (1963); Fla. Stat.”
Van v. Zahorik (1999)
mich · cites it 2×
“MCL 551.2; MSA 25.2. [5] The Atkinson Court also offered several other rationales for adopting the doctrine.”
May v. Leneair (1980)
michctapp · cites it 4×
“Yanoff v Yanoff, 237 Mich 383, 387 ; 211 NW 735 (1927), overruled on other grounds in Serafin v Serafin, 401 Mich 629 ; 258 NW2d 461 (1977), MCL 551.2; MSA 25.2, 16 Michigan Law & Practice, Marriage, § 4, p 100.”
People v. Redden (2010)
michctapp
“MCL 551.2. Married couples have many statutory rights and duties.”
Ford v. Wagner (1986)
michctapp · cites it 3×
“Rights accrue as the result of a legal marriage which complies with MCL 551.2; MSA 25.2. No legal rights accrue based upon a relationship which does not meet the statutory criteria of a marriage license and ceremony.”
McCready v. Hoffius (1998)
mich · cites it 2×
“In my view, the language of Michigan's statute, which is the best evidence of the Legislature's intent, does not support this conclusion.”
Fisher v. Fisher (1982)
michctapp
“MCL 551.2; MSA 25.2. The status of their ecclesiastical union has in no way been affected by the dissolution of their civil union.”
Featherston v. Steinhoff (1998)
michctapp
“MCL 551.2; MSA 25.2. Those engaged in meretricious relationships do not enjoy property rights afforded a legally married couple.”
Carnes v. Sheldon (1981)
michctapp
“MCL 551.2; MSA 25.2, People v Stanford, 68 Mich App 168 ; 242 NW2d 56 (1976).”
In re Burnett Estate (2013)
michctapp
“MCL 551.2, for example, provides: “So far as its validity in law is concerned, marriage is a civil contract between a man and a woman, to which the consent of parties capable in law of contracting is essential.”
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