{"data":{"id":"us-mt/40-1-401","jurisdiction":"us-mt","citation":"40-1-401","heading":"Prohibited marriages -- contracts.","body":"(1) The following marriages are prohibited:\n(a) a marriage entered into prior to the dissolution of an earlier marriage of one of the parties;\n(b) a marriage between an ancestor and a descendant or between a brother and a sister, whether the relationship is by the half or the whole blood, or between first cousins;\n(c) a marriage between an uncle and a niece or between an aunt and a nephew, whether the relationship is by the half or the whole blood;\n(d) a marriage between persons of the same sex, as defined in 1-1-209.\n(2) Parties to a marriage prohibited under this section who cohabit after removal of the impediment are lawfully married as of the date of the removal of the impediment.\n(3) Children born of a prohibited marriage are legitimate.\n(4) A contractual relationship entered into for the purpose of achieving a civil relationship that is prohibited under subsection (1) is void as against public policy.","path":["TITLE 40. FAMILY LAW","CHAPTER 1. MARRIAGE","Part 4. Validity of Marriages -- Declaration of Invalidity"],"source_url":"https://mca.legmt.gov/bills/mca/title_0400/chapter_0010/part_0040/section_0010/0400-0010-0040-0010.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:54:48Z","sha256":"f249d03b8b19c3f370110b091dcf4af532e20b8e7f53e573da26f5e131b69a99","source_id":"us-mt","stale":false,"prev":"us-mt/40-1-324","next":"us-mt/40-1-402"},"notice":"GroundRules: Original legal text. Not legal advice."}