Montana § 40-1-401 - Prohibited Marriages -- Contracts
Full text of Montana Montana Code Annotated § 40-1-401 — Prohibited Marriages -- Contracts, with citation guidance and answers to common questions.
§ 40-1-401. Prohibited Marriages -- Contracts
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.
Frequently Asked Questions About Montana § 40-1-401
What does Montana Code Annotated § 40-1-401 cover?
Section 40-1-401 ("Prohibited Marriages -- Contracts") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 40-1-401?
A common citation format is "Montana Code Annotated § 40-1-401" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 40-1-401 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.