Kentucky Revised Statutes

Ky. Rev. Stat. § 402.070 (2026)

Marriage not invalid for want of authority to solemnize

✓ current as of May 2026

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No marriage solemnized before any person professing to have authority therefor shall be invalid for the want of such authority, if it is consummated with the belief of the parties, or either of them, that he had authority and that they have been lawfully married. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2102.

Notes of Decisions

Cited in 3 cases, 1953–2011 · leading case: Pinkhasov v. Petocz, 331 S.W.3d 285 (Ky. Ct. App. 2011).

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Pinkhasov v. Petocz, 331 S.W.3d 285 (Ky. Ct. App. 2011). “020(l)(c), since KRS 402.070 states [n]o marriage solemnized before any person professing to have authority therefor shall be invalid for the want of such authority, if it is consummated with the belief of the parties, or either of them, that he had authority and that they have…”

Turner v. Commonwealth, 315 S.W.2d 619 (Ky. Ct. App. 1958). “This argument overlooks KRS 402.070 which provides that marriages are not invalid for want of authority to solemnize them if either party believes that they have been lawfully married.”

Barger v. Commonwealth, 256 S.W.2d 364 (Ky. Ct. App. 1953). “The Commonwealth relies upon KRS 402.070, providing that a marriage performed by a person professing to have authority therefor, shall not be invalid for want of authority, if it is consummated with the belief of either party that the person performing the marriage ceremony had…”

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