North Carolina § 51-1 - Requisites of marriage; solemnization.

§ 51-1. Requisites of marriage; solemnization.

A valid and sufficient marriage is created by the consent of a male and female person who may lawfully marry, presently to take each other as husband and wife, freely, seriously and plainly expressed by each in the presence of the other, either: In the presence of an ordained minister of any religious denomination, a minister authorized by a church, or a magistrate; and (1) a. In the presence of an ordained minister of any religious denomination, a minister authorized by a church, or a magistrate; and With the consequent declaration by the minister or magistrate that the persons are husband and wife; or In accordance with any mode of solemnization recognized by any religious denomination, or federally or State recognized Indian Nation or Tribe. Marriages solemnized before March 9, 1909, by ministers of the gospel licensed, but not ordained, are validated from their consummation. History (1871-2, c. 193, s. 3; Code, s. 1812; Rev., s. 2081; 1908, c. 47; 1909, c. 704, s. 2; c. 897; C.S., s. 2493; 1945, c. 839; 1965, c. 152; 1971, c. 1185, s. 26; 1977, c. 592, s. 1; 2000-58, ss. 1, 2; 2001-14, ss. 1, 2; 2001-62, ss. 1, 17; 2002-115, ss. 5, 6; 2002-159, s. 13(a); 2003-4, s. 1; 2005-56, s. 1; 2007-61, s. 1; 2009-13, s. 1; 2012-194, s. 65.4(a).) Local Modification. - Bertie: 1951, c. 852; town of Sparta: 1969, c. 1020. Cross References. - As to divorce and alimony, see Chapter 50 . As to powers and liabilities of married persons, see G.S. 52-1 et seq. Editor's Note. - Session Laws 1998-120, s. 2, amended this section to add "district court judge or" before "magistrate" and Session Laws 1998-120, s. 3, provides: "Section 2 of this act shall apply only to district court judges, who were formerly assistant district attorneys of the Thirteenth Judicial District, and shall expire on July 31, 1999." Session Laws 2001-62, s. 16, provides: "The Administrative Office of the Courts shall develop any and all forms necessary for carrying out the purpose of this act and distribute them to the Office of the Clerk of Superior Court in each county." Session Laws 2002-115, s. 5, effective November 25, 2002, and expiring December 1, 2002, inserted "a resident superior court judge, or an emergency superior court judge of this State" following "minister authorized by a church" in subdivision (1)a; and substituted "declaration by the minister, judge" for "declaration by the minister" in subdivision (1)b. Session Laws 2002-115, s. 6, effective September 19, 2002, and expiring September 22, 2002, inserted "district court judge" following "minister authorized by a church" in subdivision (1)a; and substituted "declaration by the minister, judge" for "declaration by such minister" in subdivision (1)b. Session Laws 2002-159, s. 13(b), provides: "Any marriage solemnized on or after October 1, 2001, and before the effective date of this act [approved October 11, 2002] and otherwise valid is not invalid because the minister or magistrate failed to declare the persons husband and wife." Session Laws 2003-4, s. 1, effective March 28, 2003, and expiring March 31, 2003, in subdivision (1)a, inserted "a district court judge of this State" following "church"; and in (1)b, substituted "minister, judge," for "minister" following "declaration by the." Session Laws 2005-56, s. 1, effective June 23, 2005, and expiring June 27, 2005, in subdivision (1)a, inserted "a district court judge of this State or of another state" following "authorized by a church"; and in (1)b, substituted "minister, district court judge," for "minister" following "consequent declaration by the." Session Laws 2007-61, s. 1, effective June 4, 2007, and expiring June 8, 2007, inserted "district court judge of this State" following "church" in subdivision (1)a. and inserted "district court judge of this State" following "minister" in subdivision (1)b. Session Laws 2009-13, s. 1, effective April 8, 2009, and expiring April 15, 2009, inserted "judge of the superior court" following "minister authorized by a church" in subdivision (1)a., and following "minister" in subdivision (1)b. Session Laws 2012-194, s. 65.4(a), which was effective July 26, 2012, and expired July 30, 2012, inserted "judge of the superior court" following "minister authorized by a church" in subdivision (1)a., and following "minister" in subdivision (1)b. Session Laws 2016-61, s. 2, is effective July 2, 2016, and expires July 5, 2016, and provides: "(a) Notwithstanding the limitations in G.S. 51-1(1) and (2), a marriage that meets all other requisites of marriage may be solemnized by a Justice of the United States Supreme Court or a Judge of the United States Court of Appeals." Legal Periodicals. - For article on common-law marriage in North Carolina, see 16 N.C.L. Rev. 259 (1938). For comment on the enforceability of marital contracts, see 47 N.C.L. Rev. 815 (1969). For article, "An Evolutionary Consideration of the Marriage Formalities of Licensure and Solemnization in Contemporary English and North Carolinian Statutory Law," see 10 N.C. Cent. L.J. 1 (1978). For note on constitutional law and an illegitimate child's paternal inheritance rights, see 16 Wake Forest L. Rev. 205 (1980). For survey of 1980 family law, see 59 N.C.L. Rev. 1194 (1981). For comment, "Avoiding Wonderland: Clarifying Marriage Requirements in North Carolina," see 35 Campbell L. Rev. 227 (2013). For article, "Polygamous Marriage, Monogamous Divorce," see 67 Duke L.J. 79 (2017). For article, "Consent to Intimate Regulation,” see 96 N.C.L. Rev. 1013 (2018).