CFR > Title 25 - Indians > CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR > SUBCHAPTER B—LAW AND ORDER (parts 10 to 13) > PART 11—COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE > SUBPART F—Domestic Relations (§11.600 to §11.611) > 11.604—Declaration of invalidity.

11.604—Declaration of invalidity.

(a) The Court of Indian Offenses shall enter a decree declaring the invalidity of a marriage entered into under the following circumstances:
(1) A party lacked capacity to consent to the marriage, either because of mental incapacity or infirmity or by the influence of alcohol, drugs, or other incapacitating substances; or
(2) A party was induced to enter into a marriage by fraud or duress; or
(3) A party lacks the physical capacity to consummate the marriage by sexual intercourse and at the time the marriage was entered into, the other party did not know of the incapacity; or
(4) The marriage is prohibited under § 11.603.
(b) A declaration of invalidity may be sought by either party to the marriage or by the legal representative of the party who lacked capacity to consent.