Virginia Marriage Laws | § 20-45.1 | Void And Voidable Marriages. Marriage Laws

Code of Virginia 20-45.1

Void and voidable marriages.

A. All marriages that are prohibited by § 20-38.1 are void. B. All marriages solemnized when either of the parties lacked capacity to consent to the marriage at the time the marriage was solemnized, because of mental incapacity or infirmity, shall be void from the time they shall be so declared by a decree of divorce or nullity. C. All marriages solemnized on or after (i) July 1, 2016, when either or both of the parties were, at the time of the solemnization, under the age of 18 and have not been emancipated as required by §20-48 or (ii) July 1, 2024, when either or both of the parties were, at the time of solemnization, under the age of 18 shall be void from the time they shall be so declared by a decree of divorce or nullity. Notwithstanding the foregoing, this section shall not apply to a lawful marriage entered in another state or country prior to the parties being domiciled in the Commonwealth.

1975, c. 644; 2016, cc. 457, 543.; 2024 Eff. July 1, CHAP0737

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§ 20-14 By whom license to be issued.
§ 20-38.1 Certain marriages prohibited.
§ 20-16 Issuance of marriage licenses and marriage certificates.
§ 20-16.1 Clerk authorized to amend marriage records.
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§ 20-45.1 Void and voidable marriages.
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§ 20-48 Minimum age of marriage.
§ 20-23 Order authorizing ministers to perform ceremony.
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§ Article I. Bill of Rights Section 15-A. Marriage Fundamental right to marry.
§ 20-13.2 Marriage lawful regardless of sex, gender, or race of parties.
§ 20-13 License and solemnization required.
§ 20-15 Tax on license
§ 20-14.1 Duration of license; issuance of additional licenses.
§ 20-20 Clerk to file license and certificate; indexing names of parties; certified copies as evidence.
§ 20-21 Clerk to furnish attorney for the Commonwealth list of licenses not returned by minister.
§ 20-22 Attorney for the Commonwealth to ascertain before circuit court name of minister failing to return certificates.
§ 20-24 Penalty for failure to certify record of marriage.
§ 20-26 Marriage between members of religious society having no minister.
§ 20-28 Penalty for celebrating marriage without license.
§ 20-30 Licenses of persons on federal reservations.
§ 20-31 Belief of parties in lawful marriage validates certain defects.
§ 20-33 Penalty for clerk issuing license contrary to law.
§ 20-37 Validation of certain marriages when license issued by clerk of county court.
§ 20-37.1 Validation of certain marriages solemnized outside of Commonwealth.
§ 32.1-267 Records of marriages; duties of officer issuing marriage license and person officiating at ceremony; blocking of social security number.
§ 20-27 Fee for celebrating marriage.