Montana Marriage Laws | § 40-1-311

Montana Code Annotated 40-1-311

Declaration of marriage without solemnization.

(1) Persons may consummate a marriage by written declaration in this state without the solemnization provided for in 40-1-301. The declaration must be filed by the clerk of the district court in the county where the contract was executed. (2) A declaration of marriage must contain substantially the following: (a) the names, ages, and residences of the parties; (b) the fact of marriage; (c) the name of father and maiden name of mother of both parties and address of each; (d) a statement that both parties are legally competent to enter into the marriage contract. (3) The declaration must be subscribed by the parties and attested by at least two witnesses and formally acknowledged before the clerk of the district court of the county. (4) The fee for filing a declaration is $53 and must be paid to the clerk at time of filing.

En. Sec. 85, Civ. C. 1895; re-en. Sec. 3631, Rev. C. 1907; re-en. Sec. 5724, R.C.M. 1921; Cal. Civ. C. Sec. 75; re-en. Sec. 5724, R.C.M. 1935; amd. Sec. 1, Ch. 275, L. 1959; amd. Sec. 44, Ch. 536, L. 1975; R.C.M. 1947, 48-130; amd. Sec. 2, Ch. 33, L. 1979; amd. Sec. 2, Ch. 12, L. 1983; amd. Sec. 11, Ch. 493, L. 2005; amd. Sec. 1, Ch. 249, L. 2009; amd. Sec. 3, Ch. 43, L. 2019.

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More Montana Marriage Laws

§ 40-1-301 Solemnization and registration.
§ 40-1-105 Application of Montana Rules of Civil Procedure.
§ 40-1-107 Form of application, license, marriage certificate, and consent.
§ 40-1-213 Judicial approval.
§ 40-1-210 No license to be issued when applicants under influence of liquor or drug.
§ 40-1-321 Registration of marriage.
§ 40-1-401 Prohibited marriages -- contracts.
§ 40-1-402 Declaration of invalidity.
§ 40-1-104 Application.
§ 40-1-101 Purposes.
§ 40-1-102 Uniformity of application and construction.
§ 40-1-103 Formalities.
§ 40-1-106 Parts of code not applicable.
§ 40-1-201 License application.
§ 40-1-202 License issuance
§ 40-1-203 Proof of age.
§ 40-1-212 Effective period of license.
§ 40-1-311 Declaration of marriage without solemnization.
§ 40-1-312 Persons who may prepare declaration of marriage.
§ 40-1-313 Penalty.
§ 40-1-322 Certificate and copy presumptive evidence.
§ 40-1-323 Proof of solemnized marriage when no record.
§ 40-1-324 Declaration to be acknowledged and recorded.
§ 40-1-403 Validity of common-law marriage.
§ 40-1-404 Putative spouse.