SUMMARY
DURHAM, Associate Chief Justice:
¶ 1 Petitioner Juanita L. Gonzalez appeals a decision of the district court granting summary judgment in favor of intervenor Metropolitan Property & Casualty Insurance Company ("Metropolitan") and denying her motions to dismiss Metropolitan's complaint in intervention and to amend her complaint. This is an action based on Ms. Gonzaleg's petition for adjudication of marriage, brought pursuant to Utah Code Aun. § 80-1-4.5 (Supp.1998), regarding her relationship with Martin Briceno.1 Metropolitan moved to intervene. Ms. Gonzalez contested the intervention but ultimately stipulated to it. Metropolitan moved for summary judgment on the ground that Ms. Gonzalez failed to complete the adjudication of her petition within the statutory time period. This appeal followed. We reverse and remand for further proceedings, but note the following divergence in the justices' separate opinions concerning the issues: (1) as to the interpretation of Utah Code Ann. § 80-1-4.5 (Supp. 1988) ("ONE-YEAR LIMITATION"), this opinion reflects a majority view, being concurred in by Justices Stewart and Zimmerman; (2) as to the propriety of the trial court's refusal to dismiss Metropolitan as an intervenor below ("INTERVENTION"), Justice Zimmerman concurs in that portion of Justice Russon's opinion, joined by Chief Justice Howe, but only to the extent it holds that intervention pursuant to the stipulation was properly permitted.
BACKGROUND
¶ 2 According to the petition for adjudication of marriage (the "petition"), Ms. Gonzalez and Mr. Briceno began living together in September, 1988. On October 21, 1995, Bri-ceno set fire to Gonzalez's home. Ms. Gonzalez alleges that her relationship with Briceno "terminated" on that day. At the time, Bri-ceno had insurance through Metropolitan. If Gonzalez was Briceno's spouse at the time of the fire, she would have a claim under the Metropolitan policy. Presumably, premiums were calculated on this basis.
T3 On February 5, 1996, Metropolitan filed a motion to intervene pursuant to rule 24(a) of the Utah Rules of Civil Procedure. Metropolitan asserted that Briceno had no reason to contest the recognition of the alleged marriage and that Metropolitan's interest was therefore not represented in the action. In its memorandum in support of the motion, Metropolitan stated that it moved to intervene because Gonzalez had filed the petition "to establish her insurance claim against Metropolitan." Gonzalez opposed the motion, arguing that Metropolitan had failed to attach a memorandum of points and authorities or appropriate affidavits, as required under rule 4-501 of the Utah Code of Judicial Administration. Gonzalez answered the intervenor's complaint on March 11, 1996. On March 12, 1996, the parties filed a Stipulation for Leave to Allow Metropolitan to Intervene. An order granting Metropolitan leave to intervene was filed on March 12, 1996.
«[ 4 Metropolitan formally denied Ms. Gonzalez's insurance claim on June 4, 1996. On August 7, 1996, the trial court set a date of January 7, 1997, for trial of Ms. Gonzalez's petition, depending on the court's availability. On October 4, 1996, Metropolitan moved for summary judgment. Its motion was based upon "the fact that Ms. Gonzalez did not have a uniform reputation as the wife of Martin Briceno," as required under section 30-1-4.5 of the Utah Code. No affidavits were attached. That motion was denied.
T5 A minute entry of January 6, 1997, noted that the trial date, scheduled for the following day, had been stricken. The trial was continued because of a criminal trial that took precedence on the court's calendar. On March 18, 1997, the court ordered a new scheduling conference for April 8, 1997. Trial was reset for August 5, 1997. Gonzalez never requested an accelerated trial.
[1076]*1076[ 6 On April 10, 1997, Metropolitan filed a "Motion for Summary Judgment based upon Failure to Comply with Statutory Time Limits," in which it claimed that Ms. Gonzalez's petition should be dismissed because she failed to obtain a judgment concerning her alleged marriage within one year of its termination, as required under Utah Code Ann. § 80-1-4.5. Metropolitan contended that the statutory time period ran from the date the relationship terminated, allegedly October 21, 1995, and that the statute of limitations was not tolled by filing the action. Metropolitan did not contend, and has not argued here, that the statute of limitations expired prior to Ms. Gonzalez's commencement of this proceeding.
1 7 In an affidavit in support of her memorandum in opposition, Gonzalez admitted that on October 21, 1995, she considered her relationship with Briceno "permanently terminated." She also indicated, however, that "since that time, I have re-established a relationship with Martin." Gonzalez filed a second motion to amend her petition to allege the re-establishment of the relationship on April 23, 1997.
T8 On May 8, 1997, Gonzalez moved to dismiss Metropolitan's complaint as interve-nor. She asserted that she had stipulated to Metropolitan's intervention based on, its alleged suggestion that a decision on her marital status would dispose of all coverage questions in Briceno's insurance policy. She then argued that Metropolitan was not a proper party under rule 24(a) because it had in fact already denied Gonzaleg's insurance claim based on lack of coverage. She asserted that Metropolitan's intervention would prejudice the rights and social status of herself and her three children, whose father is Briceno, inasmuch as denial of her petition would prevent all of them from "assuming[] legal rights, responsibilities and social status due them under the cireurestances of their joint relationships."
9 In Metropolitan's memorandum in opposition, it argued that its interest in Ms. Gonzalez's status remained, despite its unequivocal denial of coverage to her.
110 After arguments on all the motions, Gonzalez's motion to amend was denied, as was her motion to dismiss the intervenor's complaint. The court granted Metropolitan's motion for summary judgment based on Gonzalez's failure to comply with the statutory time limit.
11 In its findings of fact, conclusions of law, and order denying petitioner's motion to dismiss the complaint in intervention, the court concluded that Gonzalez had "presented no valid legal basis for her withdrawal of [the] Stipulation," thus allowing the complaint in intervention to stand. The court also ruled that Metropolitan "falls squarely within rule 24(a)(2) of the Utah Rules of Civil Procedure regarding intervention." In its findings of fact and conclusions of law regarding intervenor's motion for summary judgment, the court held that the statutory limitation period expired on October 21, 1996, which date. occurred after the commencement of the action. This date was also prior to the initial trial date set by the court.
{12 In its conclusions of law, the trial court determined that the "petitioner is not and never has been married to Martin Brice-no in any solemnized or unsolemnized relationship."
113 Petitioner raises three issues on appeal. First, she argues that it was error for the trial court to grant Metropolitan's motion for summary judgment dismissing the petition on the ground that the petition was not adjudicated within one year of the termination of the relationship. Second, Ms. Gonzalez contends that the trial court erred in refusing to grant her motion to dismiss Metropolitan's complaint in intervention. Finally, Ms. Gonzalez argues that the trial court should not have denied her motion to amend the petition to allege a continuing relationship with Briceno.
[ 14 As noted in 1 1, this opinion (Durham, J.), joined by Justice Stewart and Justice Zimmerman, determines the result regarding the statute of limitations issue. As to the intervention issue, Justice Zimmerman concurs in that portion of Justice Russon's opinion, joined by Chief Justice Howe, but only to the extent it holds that intervention pursuant to the stipulation was properly permitted.
[1077]*1077STANDARD OF REVIEW
1 15 A trial court's grant of summary judgment is appropriate only when no genuine issues of material fact exist and the moving party is entitled to a judgment as a matter of law. See Utah R. Civ. P. 56(c); see also Ron Case Roofing & Asphalt Paving, Inc. v. Blomquist, TIB P.2d 1882, 1885 (Utah 1989). When deciding whether the trial court correctly found that there was no genuine issue of material fact, this court reviews the facts and inferences to be drawn therefrom in the light most favorable to the loging party. See id. Additionally, because summary judgment is granted as a matter of law, we give the trial court's legal conclusions no deference and review their decision for correctness. See White v. Gary L. Deseelhorst,. NP Ski Corp., 879 P.2d 1371, 1874 (Utah 1994).
This court has not heretofore identified the standard it employs when reviewing a motion to intervene as of right under Utah Rule of Civil Procedure 24(a). See Lima v. Chambers, 657 P.2d 279 (Utah 1982) (reversing trial court's denial of intervention but not stating standard of review for that reversal). We now adopt a de novo standard of review when intervention as of right is before us on appeal.2
ONE-YEAR LIMITATION
[ 17 In 1987, the Utah Legislature enacted a statute that recognized the possibility of establishing an unsolemnized marriage. See Utah Code Ann. § 30-1-4.5 (Supp.1998).3 Subsection two of the statute states, in pertinent part, "The determination or establishment of a marriage under this section must occur during the relationship described in subsection (1), or within one year following the termination of that relationship." Id. § 30-1-4.5(2) (emphasis added).
{18 The trial court found that "[mJore than one year has passed since the termination of the relationship between Martin Briceno and the petitioner," and that Ms. Gonzalez had therefore not met the requirement that determination of the marriage occur within one year of the relationship's termination. The trial court appeared to assume that the statute required completion of the proceeding, not merely its commencement, within the one-year period. Furthermore, it put the burden of assuring a resolution of the petition on Ms. Gonzalez, stating: "This court is just confident that if a request for expedited disposition had been [sic] in this matter, between January and early October of 1996, we could have brought this matter to a resolution." Final[1078]*1078ly, at the same hearing, the trial court did not permit Gonzalez a second amendment to her petition to allege a resumption of her relationship with Briceno, which she contended would show a continuous relationship from the time they first began living together in 1983.
STATUTORY INTERPRETATION
119 The process of statutory interpretation is often a difficult one, as courts try to apply the terms of a statute to an unanticipated situation. As Judge Richard Posner has pointed out:
Omniscience is always an unrealistic assumption, and particularly so when one is dealing with the legislative process. The basic reason why statutes are so frequent ly ambiguous in application is not that they are poorly drafted ... and not that the legislators failed to agree on just what they wanted to accomplish in the statute ... but that a statute necessarily is drafted in advance of, and with imperfect appreciation for the problems that will be encountered in, its application.... Matters are not decided until they have to be.
Richard A. Posner, Statutory Interpretation-in the Classroom and in the Counrt-room, 50 U. Chi. L.Rev. 800, 811 (1983).
T 20 Our own legislature seems to have had the same point in mind when it included a severability clause for chapter 246, in which the statutory marriage provision is found, stating that "if any provision of Chapter 246, or the application of any provision to any person or cireumstance, is held invalid, the remainder of the chapter is to be given effect without the invalid provision or application." 1987 Utah Laws ch. 246, § 5. Thus, the legislature has acknowledged that unforeseen issues in the application of statutes such as the one involving statutory marriage might arise.
€21 The facts of this case would appear to have been far from the legislature's contemplation when the statute recognizing un-solemnized marriages was enacted.4 So far as the limited legislative history shows, the apparent aim was to give Utah's Office of Recovery Services an avenue to prevent the exclusion of an alleged "common law" spouse's income when an application for government benefits was made, thus preventing welfare fraud. See Floor Debate, remarks of Norman Angus, Director of State Social Services Admin., 47th Utah Leg., Gien. Sess. (Feb. 17, 1987) (Sen. Recording No. 75).5 Utah has no doctrine of common law marriage, and thus a statutory creation was necessary. The subsection of the statute concerning the amount of time allotted for adjudication of a petition after the relationship's termination was added in an amendment and was apparently designed to protect the parties to a putative marriage from fraud or mistake due to long delays in adjudication. The only substantive comment on the amendment appears to be the following:
This amendment ... brings in a time focus, the other protection that Senator Reese put in the bill yesterday provides that that determination of common law marriage must occur by a court or administrative agency during the relationship or within one year after its [sic] been terminated. I think that gives the protection of having a marriage declared twenty years after the relationship when the parties had no intention of a marriage. I think it would still give protection to the Office of Recovery Services.
Floor Debate, remarks of Sen. Lyle Hillyard, 47th Utah Leg., Gen. Sess. (Feb. 19, 1987) (Sen. CD No. 81B).
{22 Senator Hillyard's remarks suggest that the legislature was concerned with situations in which the couple never intended to [1079]*1079be married but where, years later, most likely at the time that one of them dies, some party is trying to prove the existence of such a marriage.
1238 In construing a statute, our aim is to give effect to the legislature's intent in light of the purpose the statute was meant to achieve. See Craftsman Builder's Supply v. Butler Mfg., 1999 Utah 18, ¶ 25, 974 P.2d 1194, 1201. When doubt or uncertainty exists as to the meaning or application of an act's provisions, an analysis of the act in its entirety should be undertaken and its provisions harmonized in accordance with the legislative intent and purpose. See id. at 1202. "'One of the cardinal principles of statutory construction is that the courts will look to the reason, spirit, and sense of the legislation, as indicated by the entire context and subject matter of the statute dealing with the subject.'" Mountain States Tel. & Tel. Co. v. Payne, 782 P.2d 464, 466 (Utah 1989) (citation omitted). Further, we have "a duty to construe a statute whenever possible so as to effectuate legislative intent and avoid and/or save it from constitutional conflicts or infirmities." State v. Bell, 785 P.2d 390, 397 (Utah 1989).
1. Statute of Limitations
124 Conventional statutes of limitation run until the date on which an action is commenced. The question raised in this action is whether the somewhat unusual language of section 80-1-4.5 was intended to create a novel phenomenon: a statute of limitations not tolled by the filing of an action, so that an action filed in a timely manner could still fail the limitation period due to delays in discovery or a court's crowded docket. The legislature should not be deemed to have created such a potentially unfair rule without clear and convincing language evidencing its intent to do so; the ambiguities created in this statute appear to be the result of nothing more than inartful drafting. -It is clear that the legislative purpose of preventing welfare fraud, which gave rise to the time limitation, has nothing to do with Ms. Gonzaleg's attempts to establish a statutory marriage to Mr. Briceno, and that strict construction of the subsection regarding the completion of an adjudication of the relationship no later than a year after it allegedly terminated does not further the underlying purpose of the statute. We are not persuaded that the legislature meant to place the burden of crowded court dockets, and other matters completely out of a petitioner's control, solely on the petitioner. In fact, as noted above, in this case the trial was delayed at the beginning of 1997 because a criminal trial took precedence at the last moment.
T 25 A more reasonable interpretation of the legislature's intent, which would not upset the underlying purpose of the statute, is that the statute is simply an ordinary statute of limitations which, like all statutes of limitations, requires that an action for adjudication must be commenced within a year of the termination of the relationship. This would still protect parties who never meant to be statutorily married from adjudications many years after their relationship has ended, but without placing an undue burden on petitioners who cannot control every cireumstance in the judicial arena. In fact, even if the insurer had not intervened in this uncontested action (a point addressed more fully below), given the court's initially scheduled trial date, the petition would not have been decided within the one-year time-frame. It seems unlikely that the legislature intended to create such a trap for the unwary, leading to the dismissal of timely filed, uncontested lawsuits.
126 State and federal speedy trial acts provide some useful guidance in this area, inasmuch as they also contain requirements that cases be resolved within specific time-frames. Section T7-1-6(1)(h) of the Utah Code, for example, requires that a trial begin within thirty days after arraignment if the accused is not posting bail, as long as the court's other business presents no obstacle to this. See Utah Code Ann. § 77-1-6(1)(b) (1990). Even in the criminal trial context, however, where the defendant's Sixth Amendment rights are implicated, the United States Supreme Court has declined to establish "rigid time requirements" to determine whether a defendant's right to a speedy trial was violated. See State v. Hoyt, 806 P.2d [1080]*1080204, 208 (Utah Ct.App.1991) (citing Barker v. Wingo, 407 U.S. 514, 521, 92 S.Ct. 2182, 38 L.Ed.2d 101 (1972)). The Court in Barker outlined a four-part test to assess any violation, including "[1](llength of the delay, [2] the reason for the delay, [8] the defendant's assertion of his right, and [4] prejudice to the defendant." Barker, 407 U.S. at 580, 92 S.Ct. 2182. Thus, even when a party has a constitutional right to a speedy trial, delay will be excused where it is not prejudicial. Were the intervenor in this case entitled to such concern, which of course it is not, the "delay" here would not rise to the level of being overly lengthy or prejudicial. Indeed, Metropolitan could not demonstrate any prejudice in this case. Moreover, as Ms. Gonzalez has pointed out, without the insurer's intervention any delays would have been unlikely, except to the extent that they were caused by the court's own docket.
2. Constitutional Considerations
27 Were we to accept intervenor's claim that the legislature meant to create an entirely new type of statute of limitations, the statutory time limitation would be subject to constitutional challenge. For example, in White v. State Farm Mut. Auto. Ins. Co., 907 F.Supp. 1012 (E.D.Tex.1995), the court had to apply a similar Texas statute. The case involved a woman suing her auto insurer under the uninsured motorist clause of her policy, regarding the death of her alleged common law husband. The Texas statute stated: "'A proceeding in which a marriage is to be proved under this section must be commenced not later than one year after the date on which the relationship ended. ...'" Id. at 1017 (quoting Tex. Fam.Code Ann. § 1.91(b) (West Supp.1989) (emphasis added).6
$28 The court in White held the Texas one-year statutory limitation period unconstitutional under the United States Constitution on equal protection grounds. The court found that the statute made a distinction between "ceremoniously married persons" and "informally or common-law married persons," and that the one-year period to com-mencee an action must be reasonably related to a legitimate governmental interest. See White, 907 F.Supp. at 1017-18. Finding that the interest in requiring proof of the existence of a common law marriage in a timely fashion was to insure that Texas courts did not have to rely on stale evidence in divorce and probate proceedings, the court reasoned that while the interest was legitimate, the statutory scheme was not rationally related to the goals. See id. at 1018.
Noting the severity of the bar to commencing an action to prove a common law marriage within just one-year of the relationship's termination, the White court was particularly concerned about the community property rights that would be extinguished and the legitimacy of the two children of the marriage that would be unresolved. See id. The court relied on a United States Supreme Court case that held a similar Texas statute regarding a one-year period to prove the legitimacy of a child violated equal protection because the time period was too short in light of the important rights involved. See id.; Mills v. Habluetzel, 456 U.S. 91, 100, 102 S.Ct. 1549, 71 L.Ed.2d 770 (1982).7 But [1081]*1081see Shepherd, 926 S.W.2d at 405-09 (applying, without mentioning White the Texas statute involved in White according to its terms).
T30 In light of the considerations discussed above, we construe the statute of limitations in question to avoid potential unconstitutionality, and conclude that section 830-1-4.5 requires only the filing of a petition for adjudication of marriage within one year after the termination of the relationship. Our decision rests on our analysis of the legislature's intent, and therefore, we do not reach the constitutional arguments raised by Ms. Gonzalez. See Sutherland on Statutory Construction § 45.11, at 49 (rev. 5th ed.1992). Further, in light of our ruling, we do not reach the issue of whether the trial court erred in denying Ms. Gonzalez's motion to amend her second petition. Should Ms. Gonzalez still wish to amend after remand, she should renew her motion, and we presume the court will give her motion due consideration in light of this opinion. Typically, motions to amend are liberally granted. See Timm v. Dewsnup, 851 P.2d 1178, 1183 (Utah 1993).
INTERVENTION
{381 Next, we turn to Ms. Gonzalez's contention that it was error for the trial court to deny her motion to dismiss Metropolitan's complaint in intervention. Gonzalez initially challenged Metropolitan's motion to intervene, but later reversed course and stipulated to the intervention.
132 Stipulations between the parties are usually honored by the courts. See First of Denver Mortgage Investors v. C.N. Zundel & Assocs., 600 P.2d 521, 527 (Utah 1979). Nevertheless, the courts may ignore such agreements "when points of law requiring judicial determination are involved." Id. No consideration was undertaken by the trial court of Metropolitan's standing to intervene in Ms. Gonzalez's petition to adjudicate marriage; nevertheless, the question of the legitimacy of Metropolitan's presence in this lawsuit implicates significant public policy concerns that should be addressed on appeal.
133 Pursuant to Utah Rule of Civil Procedure 24(a), an applicant must be allowed to intervene if four requirements are satisfied: (1) the application is timely; (2) the applicant has an interest relating to the property or transaction which is the subject of the action; (3) the applicant is so situated that the disposition of the action may, as a practical matter, impair or impede the applicant's ability to protect that interest; and (4) the applicant's interest is not adequately represented by the existing parties.
1 34 Spouses are ordinarily the only appropriate parties to divorce litigation. See Frank D. Wagner, Annotation, Divorce, Third Parties' Claims, 63 A.L.R.3d 373, 378 (1975). An exception to this is generally made, however, for third-party claims that concern the "actual or equitable ownership of real property, or to some other asserted interest such as an encumbrance upon real property, or the ownership of personal property." Id. (footnotes omitted). This case, which concerns a petition for adjudication of marriage, is analogous to cases where a third party attempts to intervene in a divorce action. The threshold question here, for both the requirements of rule 24(a) and intervention in a marriage context, is whether Metropolitan has an interest relating to a property or transaction which is the subject of the action.
1 85 Metropolitan never alleged any "interest" in any property or transaction relating to the subject matter of the petition. In its complaint in intervention, prior to the stipulation, Metropolitan stated as its basis for intervention that it "believes that this petition is filed as an attempt to defraud an insurance company by falsely attempting to establish a marriage where none existed." [1082]*1082This is clearly not an acceptable reason for intervening as of right in a proceeding to establish the existence of a marriage. Laudable as attempting to prevent fraud is, it does not approach the type of property interest that is typically contemplated by courts considering this issue in the context of an intervenor's application in a divorcee proceeding.
36 Looking to the treatment of this issue in other jurisdictions, we find that while most allow intervention in divorcee proceedings, such intervention is granted only after the intervenor meets a heavy burden. Analyzing an identical intervention rule in West Virginia, the court found that "[a] third party seeking intervention in a divorce proceeding for the purpose of protecting a property interest assumes the burden of demonstrating an interest which will outweigh the substantial privacy interests of the divorcing parties." Boyle v. Boyle, 194 W.Va. 124, 459 S.E.2d 401, 404 (1995). In Boyle, the court denied intervention to a third party claiming a right to buy stock obtained by the wife as part of the divorce settlement. See id. at 405. Embracing the rationale of the Boyle court, another court recently allowed the see-ond wife to intervene in a proceeding brought by the first wife, challenging the validity of her divorce settlement. See Cohen v. Cohen, 748 So.2d 91 (Miss.1999). There, the court stressed (at least seven times in one form or another) the "rare fact driven" nature of this case and that it is a significant departure from the normal rule. See id. at 92-94. At the outset of its discussion in Cohen, the court made it clear that under its intervention rule, identical to our own, "an economic interest alone in the litigation is insufficient to allow intervention." Id. at 93. (citations omitted).
T37 Other jurisdictions have adopted a similar rationale. For instance, in In re Marriage of Perkinson, 147 Ill.App.3d 692, 101 Ill.Dec. 137, 498 N.E.2d 319 (1986), an order of dissolution of marriage was entered shortly before the former husband drowned while working on his employer's tugboat. The employer, however, potentially liable for the drowning death of the man, was not permitted to intervene in an action seeking to set aside the order of dissolution. See id. 101 Ill.Dec. 187, 498 N.E.2d at 324. The court reasoned that though the former wife might bring a wrongful death action against the employer if the dissolution order was set aside, the employer's current interest in any future action that she might bring was at most "speculative, hypothetical, and incidental." Id.
138 Likewise, in Fisher v. Fisher, 546 N.W.2d 354, 358 (N.D.1996), the court found that the children of divorcing parents did not have a right to intervene in their divorce proceedings regarding the appointment of a receiver for their closely held company, even if such appointment might affect the value of the children's shares in the company. The court's analysis begins by stating that "[al 'direct' interest is one that is not 'remote' or 'contingent.'" Id. at 356 (citing 3B James W. Moore, Moore's Federal Practice ¶ 24.07[2], at 24-54 (2d ed.1995)). It continues, "[a] 'legally protectible' interest is one that 'the substantive law recognizes as belonging to or being owned by the applicant." Id. (quoting New Orleans Pub. Serv. v. United Gas Pipe Line, 732 F.2d 452, 464 (5th Cir.), cert. denied, 469 U.S. 1019, 105 S.Ct. 434, 83 L.Ed.2d 860 (1984) (emphasis in original). Finally, the court states that "[al party who qualifies as a 'real party in interest' under rule 17(a), F.R. Civ. P., is a party with a 'legally protectible' interest." Id. (citing 6A Charles Alan Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice & Procedure § 1543, at 339 (2d ed. 1990) ("[Thhe real party in interest requirement ... must be satisfied for purposes of asserting ... a claim by an intervenor."). Since the court found that the valuation of minority shares in a close corporation was a speculative undertaking, it held that the children did not have an interest in their parents' property that was "direct, substantial, and legally protecti-ble." Id. at 356.8
[1083]*1083139 The claims of the parties who attempted to intervene in these actions are entirely analogous to those of the insurer in the present action. The privacy interests of a couple in determining their status and property rights without the interference of outside parties are clearly paramount. Certainly, Metropolitan's "interest" in this action is no greater than the employer in Perkin-son, who was likely to be sued if the order of dissolution was set aside.
€40 Many of the cases denying intervention also find that it would be possible for the intervenor to bring a separate action to enforce any alleged rights, thereby avoiding their inappropriate insinuation into the private affairs of a married couple. See Ex parte Kirkley, 418 So.2d 118, 121 (Ala.1982) (former wife could not intervene in former husband's subsequent divorce proceeding to obtain any money owed her under their divoree decree, but rather could file contempt suit); Fisher, 546 N.W.2d at 358; Boyle, 459 S.E.2d at 405.9
141 Metropolitan bas failed to show any interest in this action that requires its intrusion into an otherwise private matter between two persons regarding the nature of their relationship. In fact, as petitioner argues, Metropolitan denied Ms. Gonzalez's insurance claim during the pendency of the proceedings below, making it clear that it could proceed without the court's adjudication of this matter. Accordingly, adopting the rationale of the court in Boyle, I would hold that the trial court erred in permitting Metropolitan to intervene, and that it should have granted Ms. Gonzalez's motion to dismiss. As noted earlier, this view is joined only by Justice Stewart, and a majority of the court affirms on this question.
PROCEDURE ON REMAND
142 Having found that section 80-1-4.5 requires only that an action to determine or establish a marriage be commenced within a year of the termination of the relationship, we reverse the trial court's grant of summary judgment in favor of Metropolitan on the issue of the statute of limitations.
4] 43 On remand, should Gonzalez choose to proceed with the petition for adjudication of marriage, the trial court should apply a preponderance of the evidence standard of proof to the establishment of a marriage under the statute. See Hansen v. Hansen, 958 P.2d 931, 935-36 (Utah Ct.App.1998). While no single factor is determinative in the trial court's analysis, and while "numerous factors should be considered," evidence proving each of the five statutory elements is essential. See Whyte v. Blair, 885 P.2d 791, 798 (Utah 1994). The parties must make a showing of capacity to marry, capacity to give consent, assumption of marital rights and duties, cohabitation, and a holding out as, and acquiring a uniform and general reputation as, husband and wife. See Utah Code Ann. § 30-1-4.5(1)(a)-(e) (1998). One commentator has noted "the suceess of the common law marriage doctrine, and especially of the requirement of 'holding out,' in distinguishing between cases in which the parties' intent was marriage and those in which they cohabited without any such intent." Cynthia Grant Bowman, A Feminist Proposal to Bring Back Common Low Marriage, 1996 Or. L.Rev. 709, 749 (1996). At trial, the court will have to determine whether Ms. Gonzalez meets this standard. The dispute regarding the existence of a "uniform" reputation is a material fact in this case and to the extent that the trial court's grant of summary judgment was based on that ground, it may not stand.
1 44 Although not discussed by any party to this appeal, we note a point that may assist in the disposition of the case on remand. On March 26, 1999, after the entry of summary judgment in this case, Gonzalez filed an action in federal district court against Metropolitan, alleging various contractual and tortious causes of action related to its insurance policy. It is not clear from [1084]*1084the complaint in that case whether the claim therein relies on the case of Proctor v. Insurance Co. of N. Am., 714 P.2d 1156 (Utah 1986), but it appears that this case is highly instructive. In Proctor, two claimants disputed the disbursement of the proceeds of two insurance policies. See id. at 1157. The policies did not name a beneficiary by name, but they both insured the "member and spouse." Id. At the time the policies were purchased, the insured was married to his second wife. His divorce, however, from his first wife was not finalized until nine months after his ceremony of marriage to his second wife. Thus, the second marriage was illegal. See id. at 1158.
1 45 In response to the first wife's contention that her minor daughter was the rightful claimant under the policy, the court held that the principles of contract and insurance governed in this instance, and since the second wife was clearly the intended beneficiary, she should receive the proceeds of the policy. See id. The court in Proctor noted, among other things, that the insured was required to pay additional premiums for coverage for his "spouse." See id. at 1159. Proctor was not cited by either party in the case before us, but we note that it has a direct bearing on Metropolitan's obligation to Gonzalez under its policy, and further that, while a sue-cessful adjudication of marriage in state court would presumably determine her federal court claims, it would also not be a sine gua non for such a determination. Proctor appears to stand for the proposition that in some circumstances one who is not legally married may nevertheless be a "spouse" for purposes of coverage in an insurance policy, depending on the language of the policy and the intent of the parties. See id. at 1158-59.
CONCLUSION
146 The judgment of the trial court is affirmed in part, but reversed on the statute of limitations issue, and the matter is remanded for further proceedings consistent with this opinion.
T 47 Justice STEWART concurs in Associate Chief Justice DURHAM's opinion.