The Great Lakes Program Service Center has requested our opinion concerning Utah law
as to whether the marriage contracted in the State of Utah by Social Security beneficiary,
Debbie L~ to Neil J~ and subsequently annulled by a Michigan state court, was void
or voidable.
We have reviewed the materials which were provided us. At the time of her marriage,
April 25, 1977, Debbie, a resident of Michigan, was fourteen years old. Debbie obtained
her annulment on April 14, 1978. The decree of annulment entered by a Michigan state
court was based on fraud in obtaining parental consent to marry. At issue is the date
of Debbie's re-entitlement to child's benefits under the Social Security Act, which
hinges on whether her marriage is determined to be void or voidable. We have determined
that her marriage was voidable for reasons stated hereafter.
The Great Lakes Program Service Center's request states that the courts of Michigan
apply the principle that the law of the State where the contract was entered into,
Utah in this case, governs the marriage contract including annulments. This appears
to be correct. See Memorandum, "OASI - Michigan - Ordinary Coverage - Samuel H~ ," D-3825, RA V (C~)
to GC, OASI, May 29, 1978 (OD 0400). We assume that this principle was followed by
the court which granted the annulment, and in view of the limited nature of the question
posed, we assume that the decree was valid in determining claimant's entitlement to
reinstatement of benefits. See Memorandum, "Henry C. G~ , D-6891, RA IX (M~) to GC, OASI, November 16, 1961 (OD
0500).
Section 30-1-2 of the Utah Code Ann. (1953) lists those marriages prohibited and void
in the State of Utah. Although the section was recently amended, l_/ at the time Debbie
was married it included the following provision:
The following marriages are prohibited and declared void:
. . . .
(4) When at the time of marriage the male is under 16 or the female is under 14 years
of age.
(Emphasis supplied.) Utah Code Ann. (1953 § 30-1-2. Although the 1977 amendment to
section 30-1-2 of the Utah Code Ann., supra, be- came effective on July 15, 1977,
it does not apply in Debbie's case because it follows the date of her marriage on
April 25, 1977. Utah has enacted, in its statues, the long established rule that rights
are determined on the basis of the law as it existed at the time of the occurrence
of an act, in this case marriage; and a later statute or amendment cannot be applied
in a retroactive manner to deprive a party of her rights or impose greater liability
upon her. See e.g., Section 68-3-3, Utah Code Ann. (1953), Okland Construction Company v. Industrial Commission, 520 P.2d 208 (Utah, 1974), and Industrial Commission v. Agee, 56 Utah 63, 189 P. 414 (1920).
Therefore, because Debbie was 14 years of age at the time of her marriage, and the
age limitation imposed by the 1977 amendment does not apply, her marriage is not void
and prohibited within § 30-1-2 of the Utah Code Ann. (1953). However, in the State
of Utah, a marriage procured through fraud, as determined by the Michigan court in
the instant case, is voidable and subject to annulment. See Memorandum., "0ASI, Orlin L. C~," D-11502, RA VIII (D~) to GC, OASI,
Also relevant here is section 30-1-9 of the Utah Code Ann. (1953), which states that:
If at the time of applying for license the male is under 21 or the female under 18
years of age, and not before married, no license shall be issued without the consent
of his or her father, mother or guardian, personally given or certified in writing
to the clerk over his or her signature, acknowledged before an officer authorized
by law to administer oaths. 2_/
We assume that the consent to which the Michigan court referred is that required by
the Utah licensing statute, above. 3_/
l_/ Section 30-1-2 was amended by the First Special Session of the 42d Legislature
of Utah to read as follows:
The following marriages are prohibited and declared void:
(4) When the male or female is under sixteen years of age unless consent is obtained
as provided in section 30-1-9.
(5) When the male or female is under 14 years of age.
The amendment was approved and took effect on July 15, 1977. See, Ch. l, section l, 1977 Utah Laws (1st. Special Session).
2_/ Section 30-1-9 of the Utah Code Ann. (1953) was amended in 1977, and states that:
If at the time of applying for license the male or the female is under eighteen years
of age, and not before married, no license shall be issued without the consent of
his other father, mother or guardian, personally given or certified in writing to
the clerk over his other signature, acknowledged before an officer authorized by law
to administer oaths.
Utah Code Ann., 1977 Pocket Supplement, effective May 10, 1977. See Ch. 122, section 3, 1977 Utah Laws (42d Regular Session).
3_/ In State v. Stewart, 47 Utah 224, 193 P. 855 (1920), the Supreme Court of Utah determined that when marriage
licenses are issued to parties under age without the written consent of the parents
or guardian, the marriage is not absolutely void unless the male is under 16 or the
female is under 14 years of age. (Comp. Laws Utah 1917, § 2967). In that case, the
marriage of a 16-year-old female minor, obtained without written parental consent
was not void.