Missouri Revised Statutes

Mo. Rev. Stat. § 451.010 (2026)

Marriage a civil contract

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  451.010.  Marriage a civil contract. — Marriage is considered in law as a civil contract, to which the consent of the parties capable in law of contracting is essential.

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(RSMo 1939 § 3360)

Prior revisions: 1929 § 2973; 1919 § 7298; 1909 § 8279

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1972–2025 · leading case: Thomas v. Siddiqui, 869 S.W.2d 740 (Mo. 1994).
Thomas v. Siddiqui, 869 S.W.2d 740 (Mo. 1994). · cites it 4× “" § 451.010, RSMo 1986. The relationship that results from the entry of two persons into such a contract is one that the state seeks to foster and preserve where possible because of the societal stability marriage lends.”
Washington v. Washington, 486 S.W.2d 668 (Mo. Ct. App. 1972). · cites it 2× “Defendant continued to reside in Arkansas and was still a resident of Arkansas at the commencement of the divorce action and the date of service.”
Jamison v. Churchill Truck Lines, Inc., 632 S.W.2d 34 (Mo. Ct. App. 1982). · cites it 2× “§ 451.010, RSMo 1978. A decree of dissolution terminates that contract.”
Susan Ann Taormina v. Marc Kenneth Taormina, 639 S.W.3d 482 (Mo. Ct. App. 2021). · cites it 2× “See § 451.010, RSMo (“Marriage is considered in law as a civil contract[.”
Millsaps v. McKee, No. 4:19-cv-02493 (E.D. Mo. Dec. 9, 2019). “Plaintiff seeks damages against Defendant Right Solution for negligence due to counseling services Defendant Right Solutions provided during the divorce case; declaratory relief that under MRS §451.010 Plaintiff should be entitled to a new proceeding for an annulment if evidence…”
C.M.M. v. A.M.C., 707 S.W.3d 891 (Mo. Ct. App. 2025). “]” § 451.010(1)(e)(a)–(b). Here, as reprised above, evidence was adduced at the hearing that Husband would go to the marital home when Wife was not there despite their separation.”
Mo. Rev. Stat. § 451.010(1)(e)(a): 1 case
C.M.M. v. A.M.C., 707 S.W.3d 891 (Mo. Ct. App. 2025). “]” § 451.010(1)(e)(a)–(b). Here, as reprised above, evidence was adduced at the hearing that Husband would go to the marital home when Wife was not there despite their separation.”
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