Table of Contents TITLE 40. FAMILY LAW CHAPTER 1. MARRIAGE Part 4. Validity of Marriages -- Declaration of Invalidity
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2 40-1-401 3 40-1-402 6 40-1-403 1 40-1-404

Mont. Code Ann. § 40-1-401

(2003)

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.

(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.

Opinions construing this section

2 opinions
2025 MT 78 Apr 22, 2025 Affirmed
Estate of E. Zugg
Majority by Beth Baker · 5 to 0
diment of Washington law was removed by the parties’ relocation to Montana, the relationship ripened into a valid marriage under Montana law”) (also citing § 40-1-401(2), MCA, providing that when the parties to a prohibited marriage continue to cohabit after removal of the impediment, there is a lawful marriage). ¶13 Austin theref
2009 MT 186 May 27, 2009 Affirmed in part, reversed in part
Marriage of Renner
Majority by Mike McGrath · 5 to 0
olicy to apply Montana law to these situations, and to “recognize the validity of marriage.” Est. of Murnion, 212 Mont. at 11718, 686 P.2d at 899. See also § 40-1-401(2), MCA, providing that when the parties to a prohibited marriage continue to cohabit after removal of the impediment, there is a lawful marriage. ¶21 Estate of Murn
Official Annotations archive.org, 2003 edition
History:
En. 48-310 by Sec. 10, Ch. 536, L. 1975
R.C.M. 1947, 48-310
Amd. Sec. 1, Ch. 424, L. 1997
Source text on leg.mt.gov