{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/20-45.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/20-45.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/20-45.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/20-45.1.html"}],"law_id":78040,"edition_id":1,"section_id":78040,"structure_id":15552,"section_number":"20-45.1","catch_line":"Void and voidable marriages","history":"1975, c. 644; 2016, cc. 457, 543; 2024, c. 737.","full_text":"A\n\nAll marriages that are prohibited by § 20-38.1 are void.B\n\nAll marriages solemnized when either of the parties lacked capacity to consent to the marriage at the time the marriage was solemnized, because of mental incapacity or infirmity, shall be void from the time they shall be so declared by a decree of divorce or nullity.C\n\nAll marriages solemnized on or after (i) July 1, 2016, when either or both of the parties were, at the time of the solemnization, under the age of 18 and have not been emancipated as required by § 20-48 or (ii) July 1, 2024, when either or both of the parties were, at the time of solemnization, under the age of 18 shall be void from the time they shall be so declared by a decree of divorce or nullity. Notwithstanding the foregoing, this section shall not apply to a lawful marriage entered in another state or country prior to the parties being domiciled in the Commonwealth.","order_by":null,"text":{"0":{"id":279784,"text":"All marriages that are prohibited by § 20-38.1 are void.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":279785,"text":"All marriages solemnized when either of the parties lacked capacity to consent to the marriage at the time the marriage was solemnized, because of mental incapacity or infirmity, shall be void from the time they shall be so declared by a decree of divorce or nullity.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":279786,"text":"All marriages solemnized on or after (i) July 1, 2016, when either or both of the parties were, at the time of the solemnization, under the age of 18 and have not been emancipated as required by § 20-48 or (ii) July 1, 2024, when either or both of the parties were, at the time of solemnization, under the age of 18 shall be void from the time they shall be so declared by a decree of divorce or nullity. Notwithstanding the foregoing, this section shall not apply to a lawful marriage entered in another state or country prior to the parties being domiciled in the Commonwealth.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15552,"edition_id":1,"name":"Unlawful Marriages Generally","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12711,"metadata":{},"date_created":"2026-06-26 03:56:16","date_modified":"2026-06-26 03:56:16","permalink":{"id":178293,"object_type":"structure","relational_id":15552,"identifier":"3","token":"20\/3","url":"\/20\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12711,"edition_id":1,"name":"Domestic Relations","identifier":"20","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":178075,"object_type":"structure","relational_id":12711,"identifier":"20","token":"20","url":"\/20\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":77716,"structure_id":15552,"section_number":"20-38","catch_line":"Repealed","url":"\/20-38\/","token":"20\/3\/20-38","metadata":false},{"id":70728,"structure_id":15552,"section_number":"20-38.1","catch_line":"Certain marriages prohibited","url":"\/20-38.1\/","token":"20\/3\/20-38.1","metadata":false},{"id":82332,"structure_id":15552,"section_number":"20-39","catch_line":"Prohibition continues notwithstanding dissolution of previous marriage","url":"\/20-39\/","token":"20\/3\/20-39","metadata":false},{"id":77159,"structure_id":15552,"section_number":"20-40","catch_line":"Punishment for violation of such prohibition; leaving Commonwealth to avoid","url":"\/20-40\/","token":"20\/3\/20-40","metadata":false},{"id":59324,"structure_id":15552,"section_number":"20-41","catch_line":"Repealed","url":"\/20-41\/","token":"20\/3\/20-41","metadata":false},{"id":64601,"structure_id":15552,"section_number":"20-43","catch_line":"Bigamous marriages void without decree","url":"\/20-43\/","token":"20\/3\/20-43","metadata":false},{"id":74726,"structure_id":15552,"section_number":"20-44","catch_line":"Repealed","url":"\/20-44\/","token":"20\/3\/20-44","metadata":false},{"id":83346,"structure_id":15552,"section_number":"20-45","catch_line":"Repealed","url":"\/20-45\/","token":"20\/3\/20-45","metadata":false},{"id":78040,"structure_id":15552,"section_number":"20-45.1","catch_line":"Void and voidable marriages","url":"\/20-45.1\/","token":"20\/3\/20-45.1","metadata":false},{"id":62016,"structure_id":15552,"section_number":"20-45.2","catch_line":"Repealed","url":"\/20-45.2\/","token":"20\/3\/20-45.2","metadata":false},{"id":84354,"structure_id":15552,"section_number":"20-46","catch_line":"Repealed","url":"\/20-46\/","token":"20\/3\/20-46","metadata":false},{"id":77779,"structure_id":15552,"section_number":"20-48","catch_line":"Minimum age of marriage","url":"\/20-48\/","token":"20\/3\/20-48","metadata":false},{"id":66513,"structure_id":15552,"section_number":"20-49","catch_line":"Repealed","url":"\/20-49\/","token":"20\/3\/20-49","metadata":false}],"previous_section":{"id":83346,"structure_id":15552,"section_number":"20-45","catch_line":"Repealed","url":"\/20-45\/","token":"20\/3\/20-45","metadata":false},"next_section":{"id":62016,"structure_id":15552,"section_number":"20-45.2","catch_line":"Repealed","url":"\/20-45.2\/","token":"20\/3\/20-45.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/20-45.1\/","history_text":"

This law was first created in 1975. The record of its establishment is cataloged in chapter 644 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1975 \u201cActs\u201d aren\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2016, chapters 457<\/a> and 543<\/a>; in 2024, chapter 737<\/a>.<\/p>","references":[{"id":78456,"section_number":"20-89.1","catch_line":"Suit to annul marriage","order_by":null,"url":"\/20-89.1\/"}],"refers_to":[{"id":70728,"section_number":"20-38.1","catch_line":"Certain marriages prohibited","order_by":null,"url":"\/20-38.1\/"},{"id":77779,"section_number":"20-48","catch_line":"Minimum age of marriage","order_by":null,"url":"\/20-48\/"}],"permalink":{"id":178327,"object_type":"law","relational_id":78040,"identifier":"20-45.1","token":"20\/3\/20-45.1","url":"\/20-45.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/20-45.1\/","token":"20\/3\/20-45.1","dublin_core":{"Title":"Void and voidable marriages","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-45.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> All marriages that are prohibited by § 20-38.1<\/a> are void. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> All marriages solemnized when either of the parties lacked capacity to consent to the marriage at the time the marriage was solemnized, because of mental incapacity<\/span> or infirmity, shall be void from the time they shall be so declared by a decree<\/span> of divorce or nullity. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> All marriages solemnized on or after (i) July 1, 2016, when either or both of the parties were, at the time of the solemnization, under the age of 18 and have not been emancipated as required by § 20-48<\/a> or (ii) July 1, 2024, when either or both of the parties were, at the time of solemnization, under the age of 18 shall be void from the time they shall be so declared by a decree<\/span> of divorce or nullity. Notwithstanding the foregoing, this section shall not apply to a lawful marriage entered in another state or country prior to the parties being domiciled in the Commonwealth. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nVOID AND VOIDABLE MARRIAGES (\u00a7 20-45.1)\n\nA. All marriages that are prohibited by § 20-38.1 are void.\n\nB. All marriages solemnized when either of the parties lacked capacity to\nconsent to the marriage at the time the marriage was solemnized, because of\nmental incapacity or infirmity, shall be void from the time they shall be so\ndeclared by a decree of divorce or nullity.\n\nC. All marriages solemnized on or after (i) July 1, 2016, when either or both of\nthe parties were, at the time of the solemnization, under the age of 18 and have\nnot been emancipated as required by § 20-48 or (ii) July 1, 2024, when\neither or both of the parties were, at the time of solemnization, under the age\nof 18 shall be void from the time they shall be so declared by a decree of\ndivorce or nullity. Notwithstanding the foregoing, this section shall not apply\nto a lawful marriage entered in another state or country prior to the parties\nbeing domiciled in the Commonwealth.\n\nHISTORY: 1975, c. 644; 2016, cc. 457, 543; 2024, c. 737.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}