[Sidenote: License.]

Previous to any marriage within this state, a license for that purpose
must be obtained from the clerk of the district court of the county
wherein the marriage is to be solemnized. [§3378.] As under the common
law, no express form or ceremony is necessary to constitute a valid
marriage, any mutual agreement between the parties to assume the
relation of husband and wife, followed by cohabitation, being
sufficient, provided there is no legal disability on the part of either
existing at the time. It is immaterial how the intention to marry is
expressed. It has been held in this state that a marriage was legal,
where the woman intended present marriage, though the man did not, where
they had assumed the relation of husband and wife, and his conduct had
been such as to justify her in believing that he had intended present
marriage. Marriages by consent only, are not rendered void by a
provision punishing parties for solemnizing marriages in any other
manner than that prescribed by law.

[Sidenote: Under age.]

[Sidenote: Consent of parent.]

Such license must not in any case be granted where either party is under
the age necessary to render the marriage absolutely valid, nor shall it
be granted where either party is a minor, without the previous consent
of the parent or guardian of such minor, nor where the condition of
either party is such as to disqualify him from making any other civil
contract. [§3379.]

[Sidenote: Proof of age.]