New Jersey Marriage Laws | § 37:1-10

New Jersey Statutes 37:1-10

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.

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

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More New Jersey Marriage Laws

§ 37:1-13 Authorization to solemnize marriages and civil unions.
§ 37:1-2 Entry into marriage, civil union by proxy under certain conditions.
§ 37:1-7 Issuing of license; remarriage or reaffirming a civil union.
§ 37:1-10 Common law and other marriages without license; validity
§ 37:1-12.2 Trust fund to aid victims of domestic violence.
§ 37:1-17 Marriage or civil union license; information provided.
§ 37:1-28 Findings, declarations concerning civil unions.
§ 37:1-31 Legal benefits, protections, responsibilities of civil union couples equal to those of married couples.
§ 37:2-30 Minor spouses; authority to join adult spouse in transfer of realty
§ 37:2-34 Contents of premarital or pre-civil union agreement.
§ 37:2-32 Definitions
§ 37:1-3 Where marriage or civil union license to be obtained.
§ 37:1-4 Issuance of marriage or civil union license, emergencies, validity.
§ 37:1-6 Prohibition of issuance of marriage, civil union license to minor.
§ 37:1-8 Testimony under oath by applicants as to legality of proposed marriage or civil union; witnesses; perjury.
§ 37:1-9 When issuance of license prohibited.
§ 37:1-11 Illegal issuance of license a disorderly persons offense.
§ 37:1-12 Fees; disposition in cities of first class.
§ 37:1-12.1 Additional fee.
§ 37:1-12.3 Rules and regulations
§ 37:1-13.1 Marriages solemnized by municipal magistrate or magistrate of municipal court; validation
§ 37:1-13.2 Marriages solemnized by judge of court of record; validation
§ 37:1-14 Certain marriages validated
§ 37:1-15 Solemnizing without presentation of license; disorderly persons offense.
§ 37:1-16 Interrogation of applicants under oath; perjury.
§ 37:1-17.3 Entry into marriage, civil union by proxy under certain conditions
§ 37:1-17.1 License and certificate of marriage or civil union; transmittal.
§ 37:1-17.2 Delayed reports; filing; contents; affidavits; evidence.
§ 37:1-18 Penalty for false certificate.
§ 37:1-19 Penalty; how recovered.
§ 37:1-27 Tests; information; distribution by issuer of marriage or civil union licenses.
§ 37:1-36 New Jersey Civil Union Review Commission, establishment; membership; duties; reports; expiration.
§ 37:1-29 Definitions relative to civil unions.
§ 37:1-32 Legal benefits, protections, responsibilities of spouses which apply in like manner to civil union couples; list not exclusive.
§ 37:1-30 Criteria for establishment of civil union.
§ 37:1-33 References to marital or spousal relationships to include civil unions.
§ 37:1-34 Validity of civil unions entered into in foreign jurisdictions.
§ 37:1-35 Rules and regulations; guidance on replying to form questions.
§ 37:2-31 Short title.
§ 37:2-33 Formalties; consideration.
§ 37:2-35 Premarital or pre-civil union agreement not to adversely affect right of child support.
§ 37:2-36 When premarital or pre-civil union agreement becomes effective.
§ 37:2-37 Amendment or revocation of premarital or pre-civil union agreement.
§ 37:2-38 Enforcement of premarital or pre-civil union agreement; generally.
§ 37:2-39 Enforcement of premarital or pre-civil union agreement; marriage or civil union determined void.
§ 37:2-40 Construction of article
§ 37:2-41 Application of article.
§ 37:1-1 Marriages and civil unions