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File #: CNCA-43    Version: Name: TITLE 43 - MARRIAGE AND FAMILY
Type: Cherokee Nation Code Status: Passed
File created: 1/1/2014 In control: TRIBAL COUNCIL
On agenda: N/A Final action: N/A
Enactment date: N/A Enactment #: N/A
Title: TITLE 43 - MARRIAGE AND FAMILY (INCLUDES 2019 POCKET PART)
Sponsors: N/A
Indexes: CNCA, Code, Marriage & Family
Code sections: Title 43 - Mariage and Family
Attachments: 1. TITLE 43 - Marriage and Family.pdf, 2. PP2019 T43 Marriage and Family
Related files: 17-023, 24-033, 17-008, CNCA
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Title
TITLE 43 - MARRIAGE AND FAMILY (INCLUDES 2019 POCKET PART)
Body
TITLE 43

MARRIAGE AND FAMILY

Chapter

1. General Provisions

5. Office of Child Support Services

6. Child Support Guidelines

CHAPTER 1

GENERAL PROVISIONS

Section

1. Marriage as civil contract-Consent of parties

2. Who may be married

3. Who may not be married

4. Who may perform marriages

5. Form of marriage

6. Report

7. Violation of preceding section

8. Prohibited marriages declared void

9. Common law marriage

10. Adultery defined-Who may institute prosecution

11. Punishment for adultery

12. Bigamy defined

13. Exceptions to rule of bigamy

14. Punishment of bigamy

? 1. Marriage as civil contract-Consent of parties

Marriage, so far as its validity in law is concerned, is a civil contract between one man and one woman, to which the consent of the parties, capable in law of contracting, is essential.

LA 26-04, eff. June 18, 2004.

? 2. Who may be married

Every person who shall have attained the age of eighteen (18) years shall be capable in law of contracting marriage, if otherwise competent. But in all cases where the person is less than eighteen (18) years of age, the consent of the mother, father, or guardian of such minor shall be given; otherwise such marriage shall be null and void unless it shall appear that the parties have no parent or guardian then living, and at the time of marriage are self-dependent.

LA 26-04, eff. June 18, 2004.

? 3. Who may not be married

No marriage shall be contracted whilst either of the parties has a husband or wife living; nor between parties who are nearer of kin than first cousins whether of the half or of the whole blood; nor between parties who are insane or idiotic nor between parties of the same gender.

LA 26-04, eff. June 18, 2004.

? 4. Who may perform marriages

Marriages may be solemnized by any of the Judges of the Courts of this Nation, or by any ordained minister of the Gospel in regular communion with any religio...

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