Smith v. SmithAnnotate this Case
Where the right to contract has been removed under Fla. Stat. 744.3215(2)(a), the ward is not required to obtain court approval prior to exercising the right to marry, but court approval is necessary before such a marriage can be given legal effect. Under section 744.3215(2)(a), even when a guardianship court does not remove an incapacitated person’s right to marry, the right to marry becomes subject to court approval when his or her right to contract has been removed. At issue was whether court approval must be obtained before the incapacitated person marries. The Supreme Court answered the question certified to it by the Fourth District Court of Appeal by holding (1) any marriage entered into by a ward whose right to contract has been removed without court approval is invalid; but (2) section 744.3215(2)(a) does not prevent the ward or the intended spouse from seeking court approval after marrying in order to ratify the marriage.