A valid and sufficient marriage is created by the consent of a male and female person who may lawfully marry, presently to take each other as husband and wife, freely, seriously and plainly expressed by each in the presence of the other, either:
(1) a. In the presence of an ordained minister of any religious denomination, a minister authorized by a church, or a magistrate; and
b. With the consequent declaration by the minister or magistrate that the persons are husband and wife; or
(2) In accordance with any mode of solemnization recognized by any religious denomination, or federally or State recognized Indian Nation or Tribe.
Marriages solemnized before March 9, 1909, by ministers of the gospel licensed, but not ordained, are validated from their consummation. (1871-2, c. 193, s. 3; Code, s. 1812; Rev., s. 2081; 1908, c. 47; 1909, c. 704, s. 2; c. 897; C.S., s. 2493; 1945, c. 839; 1965, c. 152; 1971, c. 1185, s. 26; 1977, c. 592, s. 1; 2000-58, ss. 1, 2; 2001-14, ss. 1, 2; 2001-62, ss. 1, 17; 2002-115, ss. 5, 6; 2002-159, s. 13(a); 2003-4, s. 1; 2005-56, s. 1; 2007-61, s. 1; 2009-13, s. 1; 2012-194, s. 65.4(a).)
Notes of Decisions
Mussa v. Palmer-Mussa, 731 S.E.2d 404 (N.C. 2012).
· cites it 24× “N.C.G.S. § 51-1 (Cum. Supp. 1977). 3 The order also listed several relevant findings of fact that were based on the testimony presented at trial: 14.”
Duncan v. Duncan, 754 S.E.2d 451 (N.C. Ct. App. 2014).
· cites it 74× “As an initial matter, we hold that the issue regarding the validity of the 1989 ceremony was properly before the trial court.”
In Re Est. of Peacock, 788 S.E.2d 191 (N.C. Ct. App. 2016).
· cites it 38× “The "Requisites of marriage" are set forth, in relevant part, in N.C. Gen.Stat. § 51-1 as follows: A valid and sufficient marriage is created by the consent of a male and female person 1 who may lawfully marry, *22 presently to take each other as husband and wife, freely,…”
Pickard v. Pickard, 625 S.E.2d 869 (N.C. Ct. App. 2006).
· cites it 26× “N.C. Gen.Stat. § 51-1 (1977) was the statute in effect that governed marriage ceremonies when plaintiff and defendant were married.”
Bostic v. Schaefer, 760 F.3d 352 (4th Cir. 2014).
“XIV, § 6; N.C. Gen.Stat. §§ 51-1, 51-1.2; South Carolina, S.”
Fisher-Borne v. Smith, 14 F. Supp. 3d 695 (M.D.N.C. 2014).
· cites it 5× “XIV, § 6, N.C. Gen.Stat. § 51-1, and N.C. GemStat. § 51-2 are declared UNCONSTITUTIONAL to the extent those laws prevent same-sex couples from marrying and prohibit the State of North Carolina from recognizing same-sex couples’ lawful out-of-state marriages.”
Lewis v. Harris, 908 A.2d 196 (N.J. 2006).
“Law §§ 12 , 50; N.C. Gen. Stat. §§ 51-1 , 51-1.2; 23 Pa. Cons.”
Mussa v. Palmer-Mussa, 719 S.E.2d 192 (N.C. Ct. App. 2011).
· cites it 7× “Braswell in 1997, the 1977 version of N.C. Gen. Stat. § 51-1 was in effect which stated: The consent of a male and female person who may lawfully marry, presently to take each other as husband and wife, freely, seriously and plainly expressed by each in the presence of the…”
State v. Lynch, 265 S.E.2d 491 (N.C. Ct. App. 1980).
· cites it 8× “The requested instructions read: “(1) ‘Religious denomination’ as used in the marriage statute GS § 51-1, means an established organization of individuals or groups of individuals united for the purpose of worshipping in a common manner, providing instruction or dissemination of…”
Clark v. Foust-Graham, 615 S.E.2d 398 (N.C. Ct. App. 2005).
· cites it 2× “1993) (applying N.C. Gen. Stat. §§ 51-1 and 51-3 and the common law of contracts); Taylor v.”
Peacock v. Comm'r, 37 T.C.M. 177 (Tax Ct. 1978).
· cites it 2× “The record is clear that petitioner and Marie never were married in any formal ceremony and they did not consider themselves to have a common-law marriage.”
— N.C. Gen. Stat. § 51-1(1) — 1 case
In Re Est. of Peacock, 788 S.E.2d 191 (N.C. Ct. App. 2016).
“The "Requisites of marriage" are set forth, in relevant part, in N.C. Gen.Stat. § 51-1 as follows: A valid and sufficient marriage is created by the consent of a male and female person 1 who may lawfully marry, *22 presently to take each other as husband and wife, freely,…”
— N.C. Gen. Stat. § 51-1(2) — 1 case
Mussa v. Palmer-Mussa, 731 S.E.2d 404 (N.C. 2012).
“N.C.G.S. § 51-1 (Cum. Supp. 1977). 3 The order also listed several relevant findings of fact that were based on the testimony presented at trial: 14.”
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