Montana Marriage Laws | § 40-1-401

Montana Code Annotated 40-1-401

Prohibited marriages -- contracts.

(1) The following marriages are prohibited: (a) a marriage entered into prior to the dissolution of an earlier marriage of one of the parties; (b) a marriage between an ancestor and a descendant or between a brother and a sister, whether the relationship is by the half or the whole blood, or between first cousins; (c) a marriage between an uncle and a niece or between an aunt and a nephew, whether the relationship is by the half or the whole blood; (d) a marriage between persons of the same sex. (2) Parties to a marriage prohibited under this section who cohabit after removal of the impediment are lawfully married as of the date of the removal of the impediment. (3) Children born of a prohibited marriage are legitimate. (4) A contractual relationship entered into for the purpose of achieving a civil relationship that is prohibited under subsection (1) is void as against public policy.

En. 48-310 by Sec. 10, Ch. 536, L. 1975; R.C.M. 1947, 48-310; amd. Sec. 1, Ch. 424, L. 1997.

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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.