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Searching 2017-2018 Session

The Vermont Statutes Online

Title 18 : Health

Chapter 105 : CIVIL MARRIAGE RECORDS AND LICENSES

(Cite as: 18 V.S.A. § 5142)
  • [Section 5142 effective until July 1, 2018; see also section 5142 effective July 1, 2018 set out below.]

    § 5142. Restrictions as to persons who are minors or incompetent

    A clerk shall not issue a civil marriage license when either party to the intended marriage is:

    (1) a person who has not attained majority without the consent in writing of one of the parents if there is one competent to act; or the guardian of such minor;

    (2) nor with such consent when either party is under 16 years of age;

    (3) nor when either of the parties to the intended marriage is not mentally capable of entering into marriage;

    (4) nor to a person under guardianship without the written consent of such guardian.

    (5) [Repealed.]  (Amended 1965, No. 194, § 10, eff. Feb. 1, 1967; 1967, No. 147, § 47, eff. Oct. 1, 1968; 1971, No. 90, § 13; 1973, No. 201 (Adj. Sess.), § 11; 2009, No. 3, § 8, eff. Sept. 1, 2009; 2013, No. 96 (Adj. Sess.), § 98.)

  • [Section 5142 effective July 1, 2018; see also section 5142 effective until July 1, 2018 set out above.]

    § 5142. Persons not authorized to marry

    The following persons are not authorized to marry, and a town clerk shall not knowingly issue a civil marriage license, when:

    (1) either party is a person who has not attained majority, unless the town clerk has received in writing the consent of one of the parents of the minor, if there is a parent competent to act, or of the guardian of the minor;

    (2) either party is under 16 years of age;

    (3) either of the parties is mentally incapable of entering into marriage as defined in 15 V.S.A. § 514;

    (4) either of the parties is under guardianship, without the written consent of the party's guardian;

    (5) [Repealed.]

    (6) the parties are prohibited from marrying under 15 V.S.A. § 1a on account of consanguinity or affinity;

    (7) either of the parties has a wife or husband living, as prohibited under 13 V.S.A. § 206 (bigamy). (Amended 1965, No. 194, § 10, eff. Feb. 1, 1967; 1967, No. 147, § 47, eff. Oct. 1, 1968; 1971, No. 90, § 13; 1973, No. 201 (Adj. Sess.), § 11; 2009, No. 3, § 8, eff. Sept. 1, 2009; 2013, No. 96 (Adj. Sess.), § 98; 2017, No. 46, § 43, eff. July 1, 2018.)