You asked for our legal opinion of whether a beneficiary's failure to register a foreign
marriage with the state of Missouri, the state in which the beneficiary was domiciled
at the time of the marriage, rendered the marriage void for purposes of determining
her continuing entitlement to Mother's benefits.
In your memorandum, you indicated that Sherry L. B~ currently receives Young Mother's
benefits based upon the earnings record of Tomlinson L. C~. Ms. B~ reported to the
Agency that, on July 20, 1998, she obtained a marriage license from the government
of the Cayman Islands and participated in a marriage ceremony with Ricky J. P~ aboard
a cruise ship anchored within the jurisdiction of that government. The ceremony was
performed by Pastor Nathan A. E~, a Marriage Officer authorized to solemnize marriages
in the Cayman Islands. The marriage license was signed by Ms. B~, Mr. P~, Pastor E~,
and two witnesses. At the time of the ceremony, Ms. B~ and Mr. P~ cohabited in Milan,
Missouri, as they had since June 1994. Following the ceremony, Ms. B~ and Mr. P~ returned
to Missouri and lived together as husband and wife. Ms. B~ reported that, prior to
the Cayman Islands ceremony, neither she nor Mr. P~ were married or otherwise legally
prohibited from entering into a valid marriage. She also explained that their relationship
was solemnized to aid her adoption of a nephew. It was her understanding that she
was required to register her marriage with the state of Missouri within 90 days of
returning from the Cayman Islands, but neither she nor Mr. P~ did so.
Initially, it is important to note that the requirement of obtaining and recording
a marriage license in the state of Missouri applies only to marriages solemnized in
the state. See Yun v. Yun, 908 S.W.2d 787, 791(Mo. App. 1995); Mo. Ann. Stat. § 451.040. Therefore, Ms. B~'s
failure to record her foreign marriage in the state of Missouri is not relevant to
the determination of whether the marriage is valid.
In Missouri, the validity of a foreign marriage is determined by the law of the place
where it was contracted. Taylor v. Taylor, 355 S.W.2d 383, 383 (Mo. App. 1962); see also 52 Am.Jur.2d Marriage § 80 (1970). However, Missouri courts are not statutorily bound
to take judicial notice of the laws of other countries. See Mo. Ann. Stat. § 490.120. Although not required by statute, Missouri courts generally
recognize foreign marriages validly solemnized pursuant to the laws of the foreign
government as a matter of comity. See James v. James, 45 S.W.3d 458, 462-63 (Mo. App. 2001); Enlow v. Fire Protection Systems, Inc., 803 S.W.2d 148, 150-51 (Mo. App. 1991). See also In re S.M., 938 S.W.2d 910, 919 (Mo. App. 1997) (“[T]he doctrine of comity is a rule of voluntary consent.”). The existence of the foreign marriage may be proved by direct, circumstantial,
or presumptive evidence and by documentary or parol evidence. See Thomson v. Thomson, 236 Mo.App. 1223, 163 S.W.2d 792, 796 (1942). Direct testimony of one of the parties
may serve as proof of the existence of the marriage. Vanderson v. Vanderson, 668 S.W.2d 167, 171 (Mo. App. 1984). Therefore, the validity of Ms. B~'s marriage
must be analyzed pursuant to the laws of the Cayman Islands, a territory governed
by the laws of the United Kingdom.
Our research has revealed that, pursuant to the laws of the United Kingdom, in the
Cayman Islands, a valid marriage of non-residents must be predicated upon a special
marriage license granted by the governor. See Cayman Islands Government Portal (visited December 3, 2002), http://www.gov.ky; Marriage (Amendment) Law of 1983 (United Kingdom). Pursuant to the Marriage (Amendment)
Law of 1994, no waiting period is required after the issuance of the special license.
See id. To apply for a special license, applicants must be 18 years of age (or 16 years of
age with the consent of a legal guardian) and the parties must affirm that they are
free to be married. Id. Additionally, all marriage ceremonies must be attended by a marriage officer and two
witnesses and must take place between the hours of 6 a.m. and 8 p.m., in a location
with open doors. Id.
The documentary and parole evidence submitted for our analysis shows that Ms. B~ and
Mr. P~ complied with the requirements of the laws of the Cayman Islands for validly
solemnizing a marriage in that jurisdiction. As required, Ms. B~ and Mr. P~ obtained
a special license permitting the solemnization of their marriage in the Cayman Islands.
Both were free to marry. Pastor E~ was a marriage officer authorized to solemnize
marriage ceremonies in the Cayman Islands. See id. Ms. B~ reported that Pastor E~ and two witnesses were present for the ceremony. Assuming
that both Ms. B~ and Mr. P~ were more than 18 years of age and that the ceremony took
place between the hours of 6 a.m. and 8 p.m. in a location with open doors, it would
appear that the marriage was validly solemnized pursuant to the laws of the Cayman
Islands.
Because it appears that Ms. B~'s marriage would be recognized as a valid marriage
in the Cayman Islands, it is likely that a Missouri court would recognize the marriage
as well. See Yun, 908 S.W.2d at 791 (citing Forbis v. Forbis, 274 S.W.2d 800, 806 (Mo. App. 1955) (In Missouri, the presumption in favor of marriage
is very strong.). See also James, 45 S.W.3d at 462-63; Enlow, 803 S.W.2d at 150-51 (Eastern District of Missouri found “strong circumstantial, presumptive, and parole evidence supporting the fact of a marriage” based upon testimony and documentary evidence indicating that a ceremonial marriage
took place in Montego Bay, Jamaica, the parties signed a marriage register, the ceremony
was performed by a minister and in the presence of witnesses, the couple lived together
as husband and wife following the ceremony, they opened a joint checking account,
and the purported wife was named as the “widow” on various documents, including the death certificate, after the alleged husband's
death). Pursuant to 42 U.S.C. § 402(g), a beneficiary's entitlement to Young Mother's
insurance benefits ends when she remarries. Although there are certain exceptions
to the general rule that remarriage terminates entitlement to Young Mother's benefits,
the facts presented do not suggest that any exception applies in this case. See 42 U.S.C. §§ 402(g) and 402(s).
In summary, based upon our research of Missouri law and the law of the Cayman Islands,
it appears that the marriage between Ms. B~ and Mr. P~, for want of other defects,
would be upheld as valid, regardless of whether the marriage was registered in the
state of Missouri, because the parties complied with the laws of the Cayman Islands
for validly solemnizing a marriage
Frank V. S~ III
Chief Counsel, Region VII
By
Jennifer L. A~
Assistant Regional Counsel