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

Montana Statutes

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

Montana § 40-1-401

Title 40FAMILY LAW

Ch. 1MARRIAGE

Part 4Validity of Marriages -- Declaration of Invalidity

This text of Montana § 40-1-401 (Prohibited Marriages -- Contracts) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 40-1-401 (2026).

Text

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.