Utah § 81-2-408 - Validity of marriage not solemnized or solemnized before an unauthorized individual.
Full text of Utah Utah Code § 81-2-408 — Validity of marriage not solemnized or solemnized before an unauthorized individual., with citation guidance and answers to common questions.
§ 81-2-408. Validity of marriage not solemnized or solemnized before an unauthorized individual.
Effective 5/6/2026 81-2-408.
Validity of marriage not solemnized or solemnized before an unauthorized individual.
(1)
Before May 5, 2027, an individual may file a petition with a court to validate and make legal a marriage that is not solemnized in accordance with this chapter.
(2)
On a filing of a petition described in Subsection (1), the court may enter an order validating and making legal a marriage that is not solemnized in accordance with this chapter if the court establishes that the marriage arises out of a contract between two individuals:
(a)
of legal age and capable of giving consent;
(b)
legally capable of entering a solemnized marriage under the provisions of this chapter;
(c)
who have cohabited;
(d)
who mutually assume marital rights, duties, and obligations; and
(e)
who hold themselves out as and have acquired a uniform and general reputation as spouses.
(3)
(a)
An individual may only file the petition described in Subsection (1) during the relationship described in Subsection (2), or within one year following the termination of that relationship.
(b)
Evidence of a marriage recognizable under this section may be:
(i)
manifested in any form; and
(ii)
proved under the same general rules of evidence as facts in other cases.
(4)
On and after May 5, 2027, an individual may not file a petition described in Subsection (1).
(5)
(a)
A marriage solemnized before an individual professing to have authority to perform marriages may not be invalidated for lack of authority if consummated in the belief of the parties or either party that the person had authority and that the parties have been lawfully married.
(b)
Except as otherwise explicitly provided by law, Subsection (5)(a) may not be construed to validate a marriage that:
Section 81-2-408 ("Validity of marriage not solemnized or solemnized before an unauthorized individual.") is part of the Utah Code, the codified statutory law of Utah. 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 Utah § 81-2-408?
A common citation format is "Utah Code § 81-2-408" (Utah). 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 Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 81-2-408 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
