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PR See T A, Report for the U. New Hampshire recognizes common-law marriages, in limited circumstances, for purposes of intestate succession. New Hampshire law does not recognize bigamous or polygamous marriages.
At the same time, some states may consider a foreign polygamous marriage that was contracted in a jurisdiction that recognizes such marriages valid to the extent that the spouses share equally in the intestate personal property of the worker. The New Hampshire statutes and case law deem bigamous marriages void, and prohibit their recognition even if they are valid in the state or country where contracted.
However, should SSA learn or conclude that the marriage was not polygamous, our opinion would change.
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Here, the claimant married Mr. But even if this marriage was valid in Pakistan, SSA can recognize it only if it would be recognized under the relevant state law. Seee.
New Hampshire courts, however, have not endorsed this exception. The claimant and the NH were married in Pakistan in May She admitted that she was still married to Mr. See 42 U. See id.
See Sirois v. The law of the state or country where the marriage occurred ordinarily determines its validity. It does not appear that New Hampshire courts would recognize this marriage as valid, regardless of its validity in Pakistan.
Short Answer Yes. Analysis A. New Hampshire Law It does not appear that New Hampshire courts would recognize this marriage as valid, regardless of its validity in Pakistan. See N. Moreover, New Hampshire considers bigamous marriages to be absolutely void, not merely voidable.
But this limited recognition of common-law marriages applies only to persons who are competent to contract marriage together, seeHilliard v. VignoA. Moreover, New Hampshire law appears to prohibit recognition of such marriages regardless of where they are contracted.
Although there is no recent case law on point, historically, New Hampshire courts have voided marriages deemed contrary to public policy even if valid where contracted. Sirois50 A. Ranney21 N. And case law suggests that if the claimant were ever to return to New Hampshire and begin residing with Mr. Sirois, 50 A. We recognize that some state courts have held that polygamous marriages, which would otherwise be invalid, could be treated as valid for the limited purpose of intestate succession.
Baldwin, 80 A. TN 2 PR Date: December 11, 1. Her second husband was already married to another woman at the time of this remarriage.
Her second husband was already married to another woman at the time of this remarriage, and New Hampshire statutes and case law deem bigamous marriages void, and prohibit their recognition even if they are valid in the state or country where contracted. B discussing recognition of common-law marriage in New Hampshire after one spouse dies.
PeasleyA. Fowler79 A2d 24, 26 deeming marriage invalid because one party was married when it was contracted ; Vigno v. Our discussion of Pakistani law is based on information we received from the Law Library of Congress.