New Jersey Marriage Laws

37:1-10 - Common law and other marriages without license; validity


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New Jersey Permanent Statutes ? Title 37: Marriages and Married Persons

Common law and other marriages without license; validity


Nothing in this chapter shall be deemed or taken to render any common law or other marriage, otherwise lawful, contracted before December first, nineteen hundred and thirty-nine, invalid by reason of the failure to take out a license as herein provided. But no marriage contracted on and after December first, nineteen hundred and thirty-nine, shall be valid unless the contracting parties shall have obtained a marriage license as required by section 37:1-2 of this Title, and unless, also, the marriage, after license duly issued therefor, shall have been performed by or before any person, religious society, institution or organization authorized by section 37:1-13 of this Title to solemnize marriages; and failure in any case to comply with both prerequisites aforesaid, which shall always be construed as mandatory and not merely directory, shall render the purported marriage absolutely void.

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Amended by L.1939, c. 227, p. 624, s. 1, eff. July 18, 1939.


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37:1-10


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