North Carolina Marriage Laws | § 51-3 | Want Of Capacity; Void And Voidable Marriages. Marriage Laws

North Carolina General Statutes 51-3

Want of capacity; void and voidable marriages.

All marriages between any two persons nearer of kin than first cousins, or between double first cousins, or between a male person under 16 years of age and any female, or between a female person under 16 years of age and any male, or between persons either of whom has a husband or wife living at the time of such marriage, or between persons either of whom is at the time physically impotent, or between persons either of whom is at the time incapable of contracting from want of will or understanding, shall be void. No marriage followed by cohabitation and the birth of issue shall be declared void after the death of either of the parties for any of the causes stated in this section except for bigamy. A marriage contracted under a representation and belief that the female partner to the marriage is pregnant, followed by the separation of the parties within 45 days of the marriage which separation has been continuous for a period of one year, shall be voidable unless a child shall have been born to the parties within 10 lunar months of the date of separation.

(R.C., c. 68, ss. 7, 8, 9; 1871-2, c. 193, s. 2; Code, s. 1810; 1887, c. 245; Rev., s. 2083; 1911, c. 215, s. 2; 1913, c. 123; 1917, c. 135; C.S., s. 2495; 1947, c. 383, s. 3; 1949, c. 1022; 1953, c. 1105; 1961, c. 367; 1977, c. 107, s. 1.) 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.