Cal. Codes » Family Code / DIVISION 3. MARRIAGE / PART 1. VALIDITY OF MARRIAGE
California Codes

Cal. Family Code § 301 (2026)

✓ current as of May 2026
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Two unmarried persons 18 years of age or older, who are not otherwise disqualified, are capable of consenting to and consummating marriage.

Notes of Decisions
Cited in 7 cases, 2002–2019 · leading case: Smelt v. Cnty. of Orange, 447 F.3d 673 (9th Cir. 2006).
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Smelt v. Cnty. of Orange, 447 F.3d 673 (9th Cir. 2006). · cites it 7× “” 7 Cal. Fam. Code § 301 reads as follows: “An unmarried male of the age of 18 years or older, and an unmarried female of the age of 18 years or older, and not otherwise disqualified, are capable of consenting to and consummating marriage.”
Smelt v. Cnty. of Orange, 374 F. Supp. 2d 861 (C.D. Cal. 2005). “” Cal. Fam.Code § 301 (West 2004). 3 . "Only marriage between a man and a woman is valid or recognized in California.”
Contra Costa Cnty. Soc. Servs. Dep't v. Holly H., 2003 Cal. Daily Op. Serv. 54 (Cal. Ct. App. 2002). “); marry except under certain limited circumstances (Fam. Code, § 301); serve on a jury or grand jury (Code Civ.”
Armijo v. Miles, 2005 Cal. Daily Op. Serv. 2789 (Cal. Ct. App. 2005). “” Family Code section 301, then and now, provides that “[a]n unmarried male of the age of 18 years or older, and an unmarried female of the age of 18 years or older, and not otherwise disqualified, are capable of consenting to and consummating marriage.”
James Farmer v. State of Florida, 268 So. 3d 1009 (Fla. 1st DCA 2019). “§ 9-11-102 (2018); Cal. Fam. Code § 301 (2018); Colo. Rev. Stat.”
Tostado v. Tostado, 151 P.3d 1060 (Wash. Ct. App. 2007). “" CAL. FAM.CODE § 301. Accordingly, their Mexican marriage remained valid and both Mexican and United States courts were required to recognize its validity.”
In re the Marriage of Tostado, 137 Wash. App. 136 (Wash. Ct. App. 2007). “” Cal. Fam. Code § 301 . Accordingly, their Mexican marriage remained valid, and both Mexican and United States courts were required to recognize its validity.”
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