Utah Marriage Laws | § 81-2-408

Utah Code 81-2-408

Validity of marriage not solemnized or solemnized before an unauthorized individual.

[Section 30-1-4.5 Renumbered] §81-2-408 Validity of marriage not solemnized or solemnized before an unauthorized individual.

(1) A marriage that is not solemnized according to this chapter is legal and valid if a court or administrative order establishes that the marriage arises out of a contract between two individuals who:

(a) are of legal age and capable of giving consent;

(b) are legally capable of entering a solemnized marriage under the provisions of this chapter;

(c) have cohabited;

(d) mutually assume marital rights, duties, and obligations; and

(e) who hold themselves out as and have acquired a uniform and general reputation as spouses.

(2) (a) A petition for an unsolemnized marriage shall be filed during the relationship described in Subsection (1), or within one year following the termination of that relationship.

(b) Evidence of a marriage recognizable under this section may be:

(i) manifested in any form; and

(ii) proved under the same general rules of evidence as facts in other cases.

(3) (a) A marriage solemnized before an individual professing to have authority to perform marriages may not be invalidated for lack of authority if consummated in the belief of the parties or either party that the person had authority and that the parties have been lawfully married.

(b) Except as otherwise explicitly provided by law, Subsection (3)(a) may not be construed to validate a marriage that:

(i) is prohibited or void under Section 81-2-403; or

(ii) fails to meet the requirements of Section 81-2-302, as validated by a court with jurisdiction.

Amended by Chapter 297, 2011 General Session; Amended by Chapter 186, 2021 General Session; Renumbered and Amended by Chapter 366, 2024 General Session

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More Utah Marriage Laws

§ 81-2-202 Premarital counseling or education -- State policy -- Applicability.
§ 30-1-2.2 [Repealed] Validation of interracial marriages.
§ 81-2-405 Recognition and validation of a marriage regardless of the race, ethnicity, or national origin of the parties.
§ 81-2-302 Marriage licenses -- Use within state -- Expiration.
§ 81-2-408 Validity of marriage not solemnized or solemnized before an unauthorized individual.
§ 81-2-407 Validity of foreign marriages -- Exceptions.
§ 81-2-102 Marriage recognition policy.
§ 81-2-402 Incestuous marriages void.
§ 81-2-203 Premarital counseling board in county -- Appointment, terms, compensation, offices -- Common counseling board with adjacent county.
§ 81-2-305 Who may solemnize marriages -- Certificate.
§ 81-2-303 Application for license -- Contents
§ 30-1-11 [Repealed] Return of license after ceremony -- Penalty for failure to return -- Criminal penalty for false statement.
§ 81-4-303 Petition for annulment -- Venue -- Judgment on validity of marriage.
§ 30-1-17.2 [Repealed] Action to determine validity of marriage -- Orders relating to parties, property, and children -- Presumption of paternity in marriage.
§ 30-1-17.3 [Repealed] Age as basis of action to determine validity of marriage -- Refusal to grant annulment.
§ 30-1-5 [Repealed] Marriage solemnization -- Before unauthorized person -- Validity.
§ 81-2-406 Validation of marriage to a person with acquired immune deficiency syndrome or other sexually transmitted disease.
§ 30-1-3 [Superseded] Marriage in belief of death or divorce of former spouse -- Issue legitimate.
§ 81-2-403 Marriages prohibited and void.
§ 81-2-404 Validation of marriage to a person subject to chronic epileptic fits who had not been sterilized.
§ 81-2-304 Marriage of a minor -- Consent of parent or guardian -- Juvenile court authorization.
§ 81-4-102 Action for annulment or divorce as alternative relief.
§ 30-1-9.1 [Repealed] Parental consent to prohibited marriage of minor -- Penalty.
§ 30-1-13 [ Repealed ] Solemnization without license -- Penalty.
§ 81-2-306 County clerk to file license and certificate -- Designation as vital record.
§ 30-1-15 [Repealed] Solemnization of prohibited marriage -- Penalty.
§ 30-1-16 [ Repealed] Misconduct of county clerk -- Penalty.
§ 81-4-302 Annulment -- Grounds.
§ 81-2-204 Master plan for counseling.
§ 30-1-14 [ Repealed ] Acting without authority -- Penalty.
§ 81-2-205 Conformity to master plan for counseling as prerequisite to marriage license -- Exceptions.
§ 81-2-206 Completion of counseling or education.
§ 81-2-207 Persons performing counseling services designated by board -- Exemption from license requirements.
§ 81-2-201 Definitions for part. (Premarital Counseling)
§ 81-2-208 Confidentiality of information obtained under counseling provisions.
§ 81-2-209 Fee for counseling.
§ 81-2-409 Legal recognition of a child when marriage is void.
§ 81-2-401 Definitions for part.
§ 81-1-101 Definitions for title.
§ 81-2-301 Definitions for part.
§ 30-1-10 [Repealed] Affidavit before the clerk -- Penalty.