§ 46-403. Marriages void from date of decree; age of consent.

Current through October 23, 2012

The following marriages in said District shall be illegal, and shall be void from the time when their nullity shall be declared by decree, namely:

(1) The marriage of a person adjudged to be, or to have been at the time a marriage was performed, unable by reason of mental incapacity to give valid consent to marriage;

(2) Any marriage the consent to which of either party has been procured by force or fraud;

(3) Repealed.

(4) When either of the parties is under the age of consent, which is hereby declared to be 16 years of age.

                
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(Mar. 3, 1901, 31 Stat. 1391, ch. 854, § 1285; June 30, 1902, 32 Stat. 543, ch. 1329; Aug. 12, 1937, 50 Stat. 626, ch. 596, § 1; July 22, 1976, D.C. Law 1-75, § 5(d), 23 DCR 1182; Sept. 11, 2008, D.C. Law 17-222, § 2, 55 DCR 8295.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 30-103.

1973 Ed., § 30-103.

Effect of Amendments

D.C. Law 17-222 rewrote par. (1) and repealed par. (3), which had read as follows:

"(1) The marriage of an idiot or of a person adjudged to be a lunatic;"

"(3) Any marriage either of the parties to which shall be incapable, from physical causes, of entering into the married state;".

Legislative History of Laws

Law 1-75 was introduced in Council and assigned Bill No. 1-252, which was referred to the Committee on Public Services and Consumer Affairs. The Bill was adopted on first and second readings on April 6, 1976, and April 20, 1976, respectively. Signed by the Mayor on May 14, 1976, it was assigned Act No. 1- 116 and transmitted to both Houses of Congress for its review.

Law 17-222, the "Marriage Amendment Act of 2008", was introduced in Council and assigned Bill No. 17-533, which was referred to the Committee of Public Safety and Judiciary. The Bill was adopted on first and second readings on June 3, 2008, and July 1, 2008, respectively. Signed by the Mayor on July 16, 2008, it was assigned Act No. 17-442 and transmitted to both Houses of Congress for its review. D.C. Law 17-222 became effective on September 11, 2008.