Minnesota Statutes

Minn. Stat. § 517.01 (2026)

Civil Marriage Contract

✓ current as of May 2026

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A civil marriage, so far as its validity in law is concerned, is a civil contract between two persons, to which the consent of the parties, capable in law of contracting, is essential. A lawful civil marriage may be contracted only when a license has been obtained as provided by law and when the civil marriage is contracted in the presence of two witnesses and solemnized by one authorized, or whom one or both of the parties in good faith believe to be authorized, so to do. Marriages subsequent to April 26, 1941, not so contracted shall be null and void.

Notes of Decisions

Cited in 26 cases (2 in the last 5 years), 1943–2026 · leading case: Bostic v. Schaefer, 760 F.3d 352 (4th Cir. 2014).

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Bostic v. Schaefer, 760 F.3d 352 (4th Cir. 2014). “tit. 13, § 101; D.C.Code § 46-401; Haw.Rev.”

in Re State of Texas, 466 S.W.3d 783 (Tex. 2015). “80/10 (2014); Minn. Stat. § 517.01 (2013); N.H. Rev. Stat Ann.”

Lewis v. Harris, 908 A.2d 196 (N.J. 2006). “Law § 2-201 ; Minn. Stat. §§ 517.01 , 517.03; N.H. Rev.”

Conaway v. Deane, 932 A.2d 571 (Md. 2007). “19-A, §§ 650, 701; Minn. Stat. §§ 517.01 , 517.03; N.H. Rev.”

In Re Est. of Kinkead, 57 N.W.2d 628 (Minn. 1953). · cites it 6× “Appellants, however, contend that marriages within six months after either party has been divorced from a former spouse are now expressly declared void by § 517.01, which provides: "Marriage, so far as its validity in law is concerned, is a civil contract, to which the consent…”

Radtke v. Miscellaneous Drivers & Helpers Union Local 638 Health, Welfare, Eye & Dental Fund, 867 F. Supp. 2d 1023 (D. Minnesota 2012). · cites it 7× “Lawful marriage may be contracted only between persons of the opposite sex and only when a license has been obtained as provided by law and when the marriage is contracted in the presence of two witnesses and solemnized by one authorized, or whom one or both of the parties in…”

Caspar v. Snyder, 77 F. Supp. 3d 616 (E.D. Mich. 2015). “2 (1957); Minn. Stat. § 517.01 (1941); Miss.Code Ann.”

Marriage of Cummings v. Cummings, 376 N.W.2d 726 (Minn. Ct. App. 1985). · cites it 2× “1979); Minn.Stat. § 517.01 (1984). Consequently, we hold that the trial court correctly disregarded the property acquired during premarital cohabitation because there was neither a written contract nor a holding out to the community as husband and wife.”

Monson v. Rochester Athlectic Club, 759 N.W.2d 60 (Minn. Ct. App. 2009). · cites it 2× “” Minn. Stat. § 517.01 (2008). By itself, RAC’s policy does not discriminate on the basis of sexual orientation; it denies family memberships to unmarried heterosexual couples and unmarried homosexual couples alike.”

Alphonso Marcus v. Dir., Off. of Workers' Comp. Programs, U. S. Dep't of Labor, 548 F.2d 1044 (D.C. Cir. 1976). “, 31 Minn.Stat.Ann. § 517.01 (1969). Attempts to abolish common law marriage in the District of Columbia by statute have, thus far, proved unsuccessful.”

Johnson v. Johnson, 8 N.W.2d 620 (Minn. 1943). · cites it 3× “1941, § 517.01 (Mason St. 1927, § 8562). Under both statutes a person who has mental capacity to contract is capable of entering into the marriage relation.”

In re the Guardianship of O'Brien, 847 N.W.2d 710 (Minn. Ct. App. 2014). · cites it 2× “See Minn.Stat. § 517.01 (Supp.2013) (“A civil marriage .”

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