North Carolina Marriage Laws | § 51-2 | Capacity To Marry. Marriage Laws

North Carolina General Statutes 51-2

Capacity to marry.

(a) All unmarried persons of 18 years, or older, may lawfully marry. (a1) Persons over 16 years of age and under 18 years of age may marry a person no more than four years older, and the register of deeds may issue a license for the marriage, only after there has been filed with the register of deeds a certified copy of an order issued by a district court authorizing the marriage as provided in G.S. 51-2.1, or a written consent to the marriage, said consent having been signed by the appropriate person as follows: (1) By a parent having full or joint legal custody of the underage party; or (2) By a person, agency, or institution having legal custody or serving as a guardian of the underage party. Such written consent shall not be required for an emancipated minor if a certificate of emancipation issued pursuant to Article 35 of Chapter 7B of the General Statutes or a certified copy of a final decree or certificate of emancipation from this or any other jurisdiction is filed with the register of deeds. (b1) It shall be unlawful for any person under 16 years of age to marry. (c) When a license to marry is procured by any person under 18 years of age by fraud or misrepresentation, a parent of the underage party, a person, agency, or institution having legal custody or serving as a guardian of the underage party, or a guardian ad litem appointed to represent the underage party pursuant to G.S. 51-2.1(b) is a proper party to bring an action to annul the marriage.

(R.C., c. 68, s. 14; 1871-2, c. 193; Code, s. 1809; Rev., s. 2082; C.S., s. 2494; 1923, c. 75; 1933, c. 269, s. 1; 1939, c. 375; 1947, c. 383, s. 2; 1961, c. 186; 1967, c. 957, s. 1; 1969, c. 982; 1985, c. 608; 1998-202, s. 13(s); 2001-62, s. 2; 2001-487, s. 60.) Amended 8/26/2021.

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More North Carolina Marriage Laws

§ 51-3 Want of capacity; void and voidable marriages.
§ 51-1 Requisites of marriage; solemnization.
§ 51-1.1 Certain marriages performed by ministers of Universal Life Church validated.
§ 51-1.2 (See Editor's note) Marriages between persons of the same gender not valid.
§ 51-6 Solemnization without license unlawful.
§ 51-2.1 Marriage of certain underage parties.
§ 51-2.2 Parent includes adoptive parent.
§ 51-3.1 Interracial marriages validated.
§ 51-3.2 Marriage licensed and solemnized by a federally recognized Indian Nation or Tribe.
§ 51-4 Prohibited degrees of kinship.
§ 51-5 Marriages between slaves validated.
§ 51-18 Record of licenses and returns; originals filed.
§ 51-8.2 Issuance of marriage license when applicant is unable to appear.
§ 51-15 Obtaining license by false representation misdemeanor.
§ 51-16 Form of license.
§ 51-16.1 Form of license for Address Confidentiality Program participant.
§ 51-17 Penalty for issuing license unlawfully.
§ 51-19 Penalty for failure to record.
§ 51-2 Capacity to marry.
§ 51-5.5 Recusal of certain public officials.
§ 51-7 Penalty for solemnizing without license.
§ 51-8 License issued by register of deeds.
§ 51-18.1 Correction of errors in application or license; amendment of names in application or license.
§ 51-21 Issuance of delayed marriage certificates.