Impediments

Marriage, Impediments, Recording

From the book The Clergyman’s Hand-book of Law, about Marriage, Impediments, Recording (1): Legal marriage may be contracted only between unmarried persons not related within the prohibited degrees of consanguinity or affinity, of lawful age and sufficient mental and physical capacity. Statutes vary greatly. In some States affinity is not considered a legal objection and first cousins may marry; in others, both are prohibited and other limitations of relationship, race, and color are fixed, and registration of the clergymen and licenses to wed are required. Also, the clergyman must report the marriage promptly to the proper office. Fines, penalties, and imprisonment are usually provided for violating the law. Informal marriages may or may not be voidable or void (Osborne v. Osborne, New York, Sept. 12, 1908; Landry v. Bellanger, 45 So., 956; 15 L. R. A., N. S., 463; Lawson v. Lawson, 30 Tex. Civ. App., 43; 69 S. W., 246; Schmitt v. Schneider, 109 Ga., 628; 35 S. E., 145).

Resources

Notes and References

1. Charles M. Scanlan, The Clergyman’s Hand-book of Law. The Law of Church and Grave (1909), Benziger Brothers, New York, Cincinnati, Chicago

See Also

• Religion
• Church