Montana § 40-1-401 Prohibited Marriages -- Contracts

Montana Statutes

§ 40-1-401 — Prohibited Marriages -- Contracts

Montana·Title 40 FAMILY LAW·Ch. 1 MARRIAGE·Part 4 Validity of Marriages -- Declaration of Invalidity

40-1-401 . Prohibited marriages -- contracts.

(1)The following marriages are prohibited:

(a)a marriage entered into prior to the dissolution of an earlier marriage of one of the parties;

(b)a marriage between an ancestor and a descendant or between a brother and a sister, whether the relationship is by the half or the whole blood, or between first cousins;

(c)a marriage between an uncle and a niece or between an aunt and a nephew, whether the relationship is by the half or the whole blood;

(d)a marriage between persons of the same sex, as defined in 1-1-201 .

(2)Parties to a marriage prohibited under this section who cohabit after removal of the impediment are lawfully married as of the date of the removal of the impediment.

(3)Children born of a prohibited marriage are legitimate.

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40-1-401 . Prohibited marriages -- contracts. (1) The following marriages are prohibited:
(a) a marriage entered into prior to the dissolution of an earlier marriage of one of the parties;
(b) a marriage between an ancestor and a descendant or between a brother and a sister, whether the relationship is by the half or the whole blood, or between first cousins;
(c) a marriage between an uncle and a niece or between an aunt and a nephew, whether the relationship is by the half or the whole blood;
(d) a marriage between persons of the same sex, as defined in 1-1-201 .
(2) Parties to a marriage prohibited under this section who cohabit after removal of the impediment are lawfully married as of the date of the removal of the impediment.
(3) Children born of a prohibited marriage are legitimate.
(4) A contractual relationship entered into for the purpose of achieving a civil relationship that is prohibited under subsection (1) is void as against public policy.

Montana § 40-1-401 (Prohibited Marriages -- Contracts) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.