Massachusetts General Laws

Mass. Gen. Laws ch. 207, § 10 (2026)

Prohibited foreign marriages; null and void

✓ current as of July 2026

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Section 10. If any person residing and intending to continue to reside in this commonwealth is disabled or prohibited from contracting marriage under the laws of this commonwealth and goes into another jurisdiction and there contracts a marriage prohibited and declared void by the laws of this commonwealth, such marriage shall be null and void for all purposes in this commonwealth with the same effect as though such prohibited marriage had been entered into in this commonwealth.

Notes of Decisions

Cited in 8 cases, 1924–2006 · leading case: Cote-Whitacre v. Dep't of Pub. Health, 446 Mass. 350 (Mass. 2006).

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Cote-Whitacre v. Dep't of Pub. Health, 446 Mass. 350 (Mass. 2006). · cites it 2× “A significant exception to this general rule is set forth in G. L. c. 207, § 10, which provides: “If any person residing and intending to continue to reside in this commonwealth is disabled or prohibited from contracting marriage under the laws of this commonwealth and goes into…”

Vital v. Vital, 65 N.E.2d 205 (Mass. 1946). · cites it 3× “151, § 10, and its predecessors and not by G. L. c. 207, § 10, which derives from St.”

Wright v. Wright, 162 N.E. 894 (Mass. 1928). · cites it 2× “Such a marriage is void under G. L. c. 207, § 10. The decision in Whippen v.”

Witherington v. Eldredge, 162 N.E. 300 (Mass. 1928). “Bascom were lawfully married when the agreement of January, 1920, was entered *174 into, depends upon the question whether the attempted marriage in New York was valid in this Commonwealth, or was void under St.”

Murphy v. Murphy, 249 Mass. 552 (Mass. 1924). · cites it 3× “334 , unless the Legislature by G. L. c. 207, § 10 has declared on grounds of sound public policy that such a marriage is invalid in this Commonwealth.”

Palmer v. Palmer, 265 Mass. 242 (Mass. 1928). “G. L. c. 207, § 10, declaring null and void a marriage in another jurisdiction by a person disabled or prohibited from contracting marriage in this Commonwealth, does not apply because the statute is expressly limited to residents of the Commonwealth and the libellant was a…”

Crease v. Crease, 608 N.E.2d 738 (Mass. App. Ct. 1993). “Edward set up as a defense the invalidity and, indeed, nullity of the New Jersey marriage by reason of the operation of G. L. c. 207, § 10. That statute provides: “If any person residing and intending to continue to reside in this commonwealth is disabled or prohibited from…”

Salucco v. Alldredge, 17 Mass. L. Rptr. 498 (Mass. Super. Ct. 2004). · cites it 2× “See G.L.c. 207, §§10, 11; 2 Gerrig v. Sneirson, 344 Mass.”

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