North Carolina Marriage Laws

51?2 - Capacity to marry

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North Carolina General Statutes ? Chapter 51: Marriage ? Article 1: General Provisions

Capacity to marry

(a) All unmarried persons of 18 years, or older, may lawfully marry, except as hereinafter forbidden. (a1) Persons over 16 years of age and under 18 years of age may marry, and the register of deeds may issue a license for the marriage, only after there shall have been filed with the register of deeds 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. (b) Persons over 14 years of age and under 16 years of age may marry as provided in G.S. 51?2.1. (b1) It shall be unlawful for any person under 14 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.

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(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.)

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