451.020. Certain marriages prohibited--official issuing licenses to certain persons guilty of misdemeanor.
Certain marriages prohibited--official issuing licenses to certainpersons guilty of misdemeanor.
451.020. All marriages between parents and children,including grandparents and grandchildren of every degree, betweenbrothers and sisters of the half as well as the whole blood,between uncles and nieces, aunts and nephews, first cousins, andbetween persons who lack capacity to enter into a marriagecontract, are presumptively void; and it shall be unlawful forany city, county or state official having authority to issuemarriage licenses to issue such marriage licenses to the personsheretofore designated, and any such official who shall issue suchlicenses to the persons aforesaid knowing such persons to bewithin the prohibition of this section shall be deemed guilty ofa misdemeanor; and this prohibition shall apply to persons bornout of lawful wedlock as well as those in lawful wedlock. Itshall be presumed that marriages between persons who lackcapacity to enter into a marriage contract are prohibited unlessthe court having jurisdiction over such persons approves themarriage.
(RSMo 1939 § 3361, A.L. 1961 p. 343, A.L. 1969 H.B. 564, A.L. 1983 S.B. 44 & 45)Prior revisions: 1929 § 2974; 1919 § 7299; 1909 § 8280
(1955) Mental capacity to enter into marriage must be determined as of date of marriage and testimony that spouse was mentally ill at such time did not show insanity. Forbis v. Forbis (A.), 274 S.W.2d 800.
(2000) When a second marriage takes place prior to the annulment of a previous voidable marriage, a decree annulling the first marriage does not relate back to the time of that marriage so as to validate a second marriage contracted before the annulment decree. Everetts v. Apfel, 214 F.3d 990 (8th Cir.).