Also known as:marriages of convenience · convenience marriage · sham marriage
Written by attorneys · grounded in primary & secondary sources — see below
A marriage entered into primarily to achieve a limited collateral objective such as immigration status rather than to form a genuine marital relationship. Courts following the traditional approach treat the marriage as valid when the parties satisfied all procedural requirements even if they executed a collateral agreement disclaiming marital obligations. Courts following the alternative approach invalidate the marriage when the parties lacked intent to assume the usual obligations and status of marriage.
Sources & Authorities· 1 primary source
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Common Law
Dictionaries
How it applies
Common Examples
2
Immigration-Based Union With Separate Lives
Madison Meyers, a U.S. citizen employed by a regional firm, married Megan Moore, a foreign scientist whose visa was about to expire. The couple obtained a license, participated in a civil ceremony, and filed all required paperwork. They had previously signed an agreement to maintain separate residences and finances and to dissolve the marriage once work authorization was secured. In a proceeding to determine the validity of the marriage for immigration purposes, the court must decide whether formal compliance alone suffices under the traditional approach.
Political Alliance Lacking Genuine Commitment
A state political party adopted a rule allowing independent voters to participate in its primary. Party leaders argued that the rule would produce nominees wedded to the party only in a marriage of convenience. The Court examined whether the rule interfered with the party's ability to select candidates who would genuinely advance its interests rather than merely secure temporary electoral advantage.
Tashjian v. Republican Party of Connecticut479 U.S. 208 (1986)
Common questions
Frequently Asked
3
What is the traditional approach to the validity of a marriage of convenience?+
Under the traditional approach some courts treat the marriage as valid when the parties were competent and satisfied all procedural requirements. Any collateral agreement disclaiming marital obligations is unenforceable as contrary to public policy but does not invalidate the marriage itself. This view promotes certainty in legal status and protects reliance interests of third parties and government agencies.
Supporting sources
What is the alternative approach to the validity of a marriage of convenience?+
Under the alternative approach courts invalidate the marriage unless the parties intended to assume the usual obligations and status of marriage. Evidence such as an explicit pre-ceremony agreement to live separately and a consistent course of conduct showing no cohabitation or financial integration demonstrates the absence of genuine marital intent. This view protects the institution of marriage from being used merely as a tool for collateral benefits.
Supporting sources
Does a collateral agreement affect the validity of the marriage itself?+
A collateral agreement that disclaims support or other marital obligations is invalid as contrary to public policy. Under the traditional approach the agreement is severed and the marriage remains valid. Under the alternative approach the agreement serves as evidence that the parties never intended to form a true marital relationship and supports invalidity of the marriage.
Supporting sources
are not uncommon and it cannot be that we would hold it a fraud for one who has contracted a
marriage
not forbidden by law to represent himself as wedded, even if there were grounds for…
Family LawGetting married · State of mind requirementsUBEIntermediate