Oklahoma Statutes

Okla. Stat. tit. 43, § 1 (2026)

Marriage defined

✓ current as of July 2026

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Marriage is a personal relation arising out of a civil contract to which the consent of parties legally competent of contracting and of entering into it is necessary, and the marriage relation shall only be entered into, maintained or abrogated as provided by law. R.L.1910, § 3883.

Notes of Decisions

Cited in 10 cases, 1975–2016 · leading case: Bishop v. Smith, 760 F.3d 1070 (10th Cir. 2014).

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Bishop v. Smith, 760 F.3d 1070 (10th Cir. 2014). · cites it 2× “Okla. Stat. tit. 43, § 1 . Okla. Stat. tit.”

Bishop v. United States ex rel. Holder, 962 F. Supp. 2d 1252 (N.D. Okla. 2014). “In order to enter into a marital contract, see Okla. Stat. tit. 43, § 1 (explaining that marriage is a “personal relation arising out of a civil contract”), a couple must first obtain a marriage license from the “judge or clerk of the district court, of some county in this…”

Tice v. Tice, 672 P.2d 1168 (Okla. 1983). “See Title 43 O.S.1981 § 1; Williams v. Williams, 543 P.”

Allgood v. Allgood, 626 P.2d 1323 (Okla. 1981). “” 43 O.S.1971 § 1. (Emphasis added). Here we have no “civil contract,” nor any implied contract which might lead to finding a common-law marriage.”

In Re Guardianship of Deere, 708 P.2d 1123 (Okla. 1985). “Title 43 O.S.1981 § 1. 13 . Title 43A O.S.1981 § 96.”

Allen v. Allen, 738 P.2d 142 (Okla. 1987). “Title 43 O.S.1981 § 1 defines marriage: "Marriage is a personal relationship arising out of a civil contract to which the consent of parties legally competent of contracting and of entering into it is necessary, and the marriage relationship shall only be entered into,…”

Williams v. Williams, 543 P.2d 1401 (Okla. 1975). “Title 43 O.S.1971 § 1 states that: “Marriage is a personal relation arising out of a civil contract to which the consent of parties legally competent of contracting and of entering into it is necessary, and the marriage relation shall only be entered into, maintained or…”

Hendrick v. Hendrick, 1999 OK CIV APP 15 (Okla. Civ. App. 1999). · cites it 2× “43 O.S.1991 § 1; Williams v. Williams, 1975 OK 163 , 543 P.”

Brown v. Alley, 2016 OK 112 (Okla. 2016). “Title 43 O.S. 2011 § 1. One of the requirements for legal competency to enter into the marriage contract is that the individual not be already married.”

Bishop v. Smith (10th Cir. 2014). “Okla. Stat. tit. 43, § 1 . Okla. Stat. tit.”

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