TN 29 (05-01)

GN 00305.010 Void Underage Marriages

A. Policy—void underage marriages

Until remedial legislation was passed in Arkansas in 1964, five States held underage marriages to be absolutely void; now four States have such a law. In the case of a marriage which is voidable because one or both of the parties were under the age of consent, the marriage may become a valid marriage if the parties are living together when the age of consent is attained. See the chart below for a summary of the laws of the five States.

State

Effective Date

Law

Arkansas

Underage marriages contracted after 2/5/41, were absolutely void until remedial legislation was passed on 3/27/64. If one of the parties to an underage marriage contracted after 2/5/41, and before 3/27/64,relied on its invalidity without court action and entered into a subsequent marriage before 3/27/64, the subsequent marriage is valid and the underage marriage remains void.

Where one or both parties were under the minimum statutory age (18 for males and 16 for females) when the marriage was contracted, the marriage is valid unless and until annulled.

Colorado

1945

Where one or both parties were under the minimum statutory age (16 for males and females) when the marriage was contracted, the marriage is void unless the marriage license was issued pursuant to an order of a court of record.

Michigan

1921

Where the female was under 16 when the marriage was contracted, the marriage is void unless the female was pregnant or had been living with a man as his wife and the marriage was performed with written consent of her parents or guardian by a Probate Judge or pursuant to the judge's designation, some other person competent to perform the marriage ceremony.

Minnesota

1/1/64

Where one or both parties were under the minimum statutory age (18 for males and 16 for females) when the marriage was contracted, the marriage is void.

Utah

 

Where one or both parties were under the minimum statutory age (16 for males and 14 for females) when the marriage was contracted, the marriage is void.

B. Procedure — void underage marriages

Follow the procedures in GN 01010.800 ff. for possible submittal to the RCC if there is a question as to whether a particular underage marriage in a given State, other than those discussed above, is void or voidable.

C. Reference — void underage marriage

See GN 00305.125 for a discussion of void marriages.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0200305010
GN 00305.010 - Void Underage Marriages - 03/24/2014
Batch run: 03/24/2014
Rev:03/24/2014