Virginia Code

Va. Code Ann. § 20-31 (2026)

Belief of parties in lawful marriage validates certain defects

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No marriage solemnized under a license issued in this Commonwealth by any person professing to be authorized to solemnize the same shall be deemed or adjudged to be void, nor shall the validity thereof be in any way affected on account of any want of authority in such person, or any defect, omission or imperfection in such license, if the marriage be in all other respects lawful, and be consummated with a full belief on the part of the persons so married, or either of them, that they have been lawfully joined in marriage.

Code 1919, § 5082.

Notes of Decisions

Cited in 13 cases (1 in the last 5 years), 1996–2024 · leading case: MacDougall v. Levick, 805 S.E.2d 775 (Va. 2017).

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MacDougall v. Levick, 805 S.E.2d 775 (Va. 2017). · cites it 22× “Our holding also renders moot a myriad of debates in this case on various other subjects, including: • whether Code § 20-13, if violated under this sequence of events, provides a mandatory, as opposed to a mere directory, statutory requirement; 19 • whether a violation of Code §…”

Richard S. Levick v. Deborah MacDougall, 782 S.E.2d 182 (Va. Ct. App. 2016). · cites it 12× “See Code § 20-31; Code tit. 31, ch. 108, § 7 (1849) (addressing a marriage performed by a celebrant professing, but lacking, authority to solemnize marriages).”

In re Ejigu, 79 Va. Cir. 349 (Fairfax Cir. Ct. 2009). · cites it 7× “Va. Code Ann. §20-31 (emphasis added). Read together, these statutes provide that this Court may affirm a marriage, notwithstanding defects either (1) with respect to the officiant’s authority to solemnize the marriage or (2) in the marriage license.”

In re Hukma Kulmiye, 77 Va. Cir. 67 (Fairfax Cir. Ct. 2008). · cites it 5× “Va. Code § 20-31 provides, in pertinent part, that: *68 No marriage solemnized under a license issued in this Commonwealth by any person professing to be authorized to solemnize the same shall be deemed or adjudged to be void, nor shall the validity thereof be in any way…”

Gottlieb v. Crouch, 44 Va. Cir. 268 (Arlington Cir. Ct. 1998). · cites it 11× “These exceptions were created by the legislature to promote the public policy that marriages should be valid where the parties intend to be married, but errors by third parties occur in its formalities.”

MacDougall v. Levick, 87 Va. Cir. 160 (Fairfax Cir. Ct. 2013). · cites it 28× “” Va. Code § 20-31. Here, there was no license.”

Deborah MacDougall v. Richard S. Levick (Va. Ct. App. 2016). · cites it 11× “Code § 20-31, the curative statute, does not apply.”

Richard S. Levick v. Deborah MacDougall, 776 S.E.2d 456 (Va. Ct. App. 2015). · cites it 12× “See Code § 20-31; Code tit. 31, ch. 108, § 7 (1849) (addressing a marriage performed by a celebrant professing, but lacking, authority to solemnize marriages).”

Deborah MacDougall v. Richard S. Levick (Va. Ct. App. 2015). · cites it 11× “The General Assembly has enacted the following curative statute, titled “Belief of parties in lawful marriage validates certain defects”: No marriage solemnized under a license issued in this Commonwealth by any person professing to be authorized to solemnize the same shall be…”

Imran v. Garland (E.D. Va. 2024). · cites it 3× “First, they argued that their marriage was valid under Virginia law because, under Va. Code Ann. § 20-31 , a marriage is valid regardless of technical defects in the marriage license.”

Makheja v. Kundra, 39 Va. Cir. 136 (Fairfax Cir. Ct. 1996). “Pursuant to § 20-31 of the Code of Virginia, any defect, omission, or imperfection in the license does not affect the validity of the marriage.”

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