Neb. Rev. Stat. » Chapter 42
Nebraska Revised Statutes

Neb. Rev. Stat. § 42-101 (2026)

Marriage a civil contract

✓ current as of July 2026
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In law, marriage is considered a civil contract, to which the consent of the parties capable of contracting is essential.

Notes of Decisions
Cited in 7 cases, 1931–2013 · leading case: Vlach v. Vlach, 835 N.W.2d 72 (Neb. 2013).
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Vlach v. Vlach, 835 N.W.2d 72 (Neb. 2013). · cites it 2× “4 ANALYSIS Validity of Marriage The Nebraska statutes governing the formation of a marriage are codified at Neb. Rev. Stat. §§ 42-101 to 42-118 (Reissue 2008).”
Edmunds v. Edwards, 287 N.W.2d 420 (Neb. 1980). · cites it 2× “Section 42-101, R. R. S. 1943, provides: “In law, marriage is considered a civil contract, to which the consent of the parties capable of contracting is essential.”
Citizens for Equal Prot., Inc. v. Bruning, 368 F. Supp. 2d 980 (D. Neb. 2005). · cites it 2× “1988) ( [contemporary marriage cannot be legally defined any more pre *999 cisely than as some sort of relationship between two individuals, of indeterminate duration, involving some- kind of sexual conduct, entailing vague mutual property and support obligations, a relationship…”
Collins v. Hoag & Rollins, Inc., 241 N.W. 766 (Neb. 1932). · cites it 2× “Section 42-101, Comp. St. 1929, reads: “In law, marriage is considered a civil contract, to which the consent of the parties capable of contracting is essential.”
Hudson v. Hudson, 36 N.W.2d 851 (Neb. 1949). “See sections 42-101, 42-118, 42-119, R. S. 1943.”
Zutavern v. Zutavern, 52 N.W.2d 254 (Neb. 1952). “§§ 42-101 and 42-118, R. S. 1943. It is obvious that a marriage contract induced by fraud may, under some circumstances, be voidable and annulled at the instance of .”
Collins v. Hoag & Rollins, Inc., 238 N.W. 351 (Neb. 1931). · cites it 2× “And it would in the third place make section 42-101, Comp. St. 1929, meaningless, and also set aside the decisions of our courts thereunder holding that marriage is a civil contract to which only the consent of the parties capable of contracting thereto is essential.”
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