If an unauthorized person solemnized a marriage, will the marriage be invalid?
Full Question:
What if a marriage was solemnized by a person who is not authorized to do so. Will the marriage be invalid? Need West Virginia law on this.
03/01/2017 |
Category: Marriage |
State: West Virginia |
#33108
Answer:
W. Va. Code § 48-2-601 says:
“Belief of parties in lawful marriage validates certain defects.
If a marriage is solemnized by a person professing to be authorized to celebrate marriages when, in fact, the person is not authorized, or if a marriage is solemnized after the license is expired, the marriage is not void and subject to a judgment of nullity based on that fact alone if:
(1) The marriage is lawful in all other respects, and
(2) The marriage is consummated with a full belief on the part of either or both of the persons married that they have been lawfully joined in marriage.”