North Carolina § 51-3 - Want of capacity; void and voidable marriages.

§ 51-3. Want of capacity; void and voidable marriages.

All marriages between any two persons nearer of kin than first cousins, or between double first cousins, or between a male person under 16 years of age and any female, or between a female person under 16 years of age and any male, or between persons either of whom has a husband or wife living at the time of such marriage, or between persons either of whom is at the time physically impotent, or between persons either of whom is at the time incapable of contracting from want of will or understanding, shall be void. No marriage followed by cohabitation and the birth of issue shall be declared void after the death of either of the parties for any of the causes stated in this section except for bigamy. No marriage by persons either of whom may be under 16 years of age, and otherwise competent to marry, shall be declared void when the girl shall be pregnant, or when a child shall have been born to the parties unless such child at the time of the action to annul shall be dead. A marriage contracted under a representation and belief that the female partner to the marriage is pregnant, followed by the separation of the parties within 45 days of the marriage which separation has been continuous for a period of one year, shall be voidable unless a child shall have been born to the parties within 10 lunar months of the date of separation. History (R.C., c. 68, ss. 7, 8, 9; 1871-2, c. 193, s. 2; Code, s. 1810; 1887, c. 245; Rev., s. 2083; 1911, c. 215, s. 2; 1913, c. 123; 1917, c. 135; C.S., s. 2495; 1947, c. 383, s. 3; 1949, c. 1022; 1953, c. 1105; 1961, c. 367; 1977, c. 107, s. 1.) Cross References. - As to penal provisions for incest, see G.S. 14-178. As to penal provisions for bigamy, see G.S. 14-183. As to suits to nullify marriages which were entered into contrary to the provisions of this section, see G.S. 50-4. Legal Periodicals. - For comment on the 1947 amendment, see 25 N.C.L. Rev. 414 (1947). For comment on the 1949 amendment, see 27 N.C.L. Rev. 453 (1949). For comment on the 1953 amendment, see 31 N.C.L. Rev. 412 (1953). For comment, "Avoiding Wonderland: Clarifying Marriage Requirements in North Carolina," see 35 Campbell L. Rev. 227 (2013).