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Code of Federal Regulations Title 25. Indians § 25.11.604 Declaration of invalidity

Current as of January 02, 2025 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - Code of Federal Regulations Title 25. Indians § 25.11.604 Declaration of invalidity - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-25-indians/cfr-sect-25-11-604/

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