Va. Code » Title 20. Domestic Relations » Chapter 3. Unlawful Marriages Generally
Virginia Code

Va. Code Ann. § 20-45.1 (2026)

Void and voidable marriages

✓ current as of May 2026
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A. All marriages that are prohibited by § 20-38.1 are void.

B. All marriages solemnized when either of the parties lacked capacity to consent to the marriage at the time the marriage was solemnized, because of mental incapacity or infirmity, shall be void from the time they shall be so declared by a decree of divorce or nullity.

C. All marriages solemnized on or after (i) July 1, 2016, when either or both of the parties were, at the time of the solemnization, under the age of 18 and have not been emancipated as required by § 20-48 or (ii) July 1, 2024, when either or both of the parties were, at the time of solemnization, under the age of 18 shall be void from the time they shall be so declared by a decree of divorce or nullity. Notwithstanding the foregoing, this section shall not apply to a lawful marriage entered in another state or country prior to the parties being domiciled in the Commonwealth.

1975, c. 644; 2016, cc. 457, 543; 2024, c. 737.

Notes of Decisions
Cited in 20 cases (2 in the last 5 years), 1975–2026 · 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 4× “1(C) similarly renders a marriage voidable if both of the parties are not either over the age of 18 or emancipated "at the time of the solemnization.”
Roper v. Simmons, 543 U.S. 551 (2005). · cites it 2× “18, § 5142 (Lexis 2000) *587 Virginia 18 Va. Code Ann. §§ 20-45.1 , 20-48, 20-49 (Lexis 2004) Washington 18 Wash.”
Cole v. Commonwealth, 712 S.E.2d 759 (Va. Ct. App. 2011). · cites it 2× “”); Code § 20-43 ("Bigamous marriages void without decree.—-All marriages which are prohibited by law on account of either of the parties having a former wife or husband then living shall be absolutely void, without any decree of divorce, or other legal process.”
Marblex Design Int'l, Inc. v. Stevens, 678 S.E.2d 276 (Va. Ct. App. 2009). · cites it 4× “Code § 20-45.1 and § 20-45.2 set forth what marriages are void in Virginia.”
Richard S. Levick v. Deborah MacDougall, 782 S.E.2d 182 (Va. Ct. App. 2016). · cites it 4× “1 (listing marriages, such as between brother and sister and others, that are prohibited); Code § 20-45.1 (specifying that such marriages under Code § 20-38.”
Virginia W. Bozarth, Adm'r for the Est. of Carol Wood Lantz v. Billy Gene Shelton, Sr. (Va. Ct. App. 2026). · cites it 12× “Similarly, Code § 20-45.1(A) declares bigamous and incestuous marriages “void,” without reference to an annulment or divorce.”
Lyon Shipyard 401(k) Plan v. Jones (E.D. Va. 2020). · cites it 10× “! Because | The Virginia Legislature has since amended Virginia Code § 20-45.1 in a manner which does not affect this case.”
Deborah MacDougall v. Richard S. Levick (Va. Ct. App. 2016). · cites it 4× “1 (listing marriages, such as between brother and sister and others, that are prohibited); Code § 20-45.1 (specifying that such marriages under Code § 20-38.”
Irons v. Irons, 20 Va. Cir. 421 (Lancaster Cir. Ct. 1990). · cites it 7× “The parties agree that the marriage would be valid in Maryland, applying its law, and invalid if the ceremony were performed in Virginia pursuant to Virginia Code Section 20-45.1. The issue, therefore, is which law applies, Virginia’s or Maryland’s, in determining the validity…”
Michael J. Williams, Jr. v. Carmen B. Williams (Va. Ct. App. 2018). · cites it 2× “According to husband, their marriage was therefore bigamous, in violation of Code § 20-43 (deeming bigamous marriages “absolutely void, without any decree of divorce, or other legal process”).”
Ali Kahil v. Virginia Dep't of Vital Records (Va. Ct. App. 2024). · cites it 2× “1(1)’s prohibition on “marriage[s] entered into prior to the dissolution of an earlier marriage of one of the parties” and Code § 20-45.1(A)’s declaration that “[a]ll marriages that are prohibited by § 20-38.”
MacDougall v. Levick, 87 Va. Cir. 160 (Fairfax Cir. Ct. 2013). · cites it 3× “” Va. Code § 20-45.1 provides that: “(a) All marriages which are prohibited by § 20-38.”
Show all 20 citing cases →
— Va. Code Ann. § 20-45.1(A) — 3 cases
Michael J. Williams, Jr. v. Carmen B. Williams (Va. Ct. App. 2018). “According to husband, their marriage was therefore bigamous, in violation of Code § 20-43 (deeming bigamous marriages “absolutely void, without any decree of divorce, or other legal process”).”
Ali Kahil v. Virginia Dep't of Vital Records (Va. Ct. App. 2024). “1(1)’s prohibition on “marriage[s] entered into prior to the dissolution of an earlier marriage of one of the parties” and Code § 20-45.1(A)’s declaration that “[a]ll marriages that are prohibited by § 20-38.”
Virginia W. Bozarth, Adm'r for the Est. of Carol Wood Lantz v. Billy Gene Shelton, Sr. (Va. Ct. App. 2026). “Similarly, Code § 20-45.1(A) declares bigamous and incestuous marriages “void,” without reference to an annulment or divorce.”
— Va. Code Ann. § 20-45.1(B) — 3 cases
MacDougall v. Levick, 805 S.E.2d 775 (Va. 2017). “1(C) similarly renders a marriage voidable if both of the parties are not either over the age of 18 or emancipated "at the time of the solemnization.”
Virginia W. Bozarth, Adm'r for the Est. of Carol Wood Lantz v. Billy Gene Shelton, Sr. (Va. Ct. App. 2026). “Similarly, Code § 20-45.1(A) declares bigamous and incestuous marriages “void,” without reference to an annulment or divorce.”
Lyon Shipyard 401(k) Plan v. Jones (E.D. Va. 2020). “! Because | The Virginia Legislature has since amended Virginia Code § 20-45.1 in a manner which does not affect this case.”
— Va. Code Ann. § 20-45.1(C) — 1 case
MacDougall v. Levick, 805 S.E.2d 775 (Va. 2017). “1(C) similarly renders a marriage voidable if both of the parties are not either over the age of 18 or emancipated "at the time of the solemnization.”
— Va. Code Ann. § 20-45.1(a) — 2 cases
Cole v. Commonwealth, 712 S.E.2d 759 (Va. Ct. App. 2011). “”); Code § 20-43 ("Bigamous marriages void without decree.—-All marriages which are prohibited by law on account of either of the parties having a former wife or husband then living shall be absolutely void, without any decree of divorce, or other legal process.”
Mato v. Mato, 12 Va. Cir. 153 (Spotsylvania Cir. Ct. 1988).
— Va. Code Ann. § 20-45.1(b) — 2 cases
Richard S. Levick v. Deborah MacDougall, 782 S.E.2d 182 (Va. Ct. App. 2016). “1 (listing marriages, such as between brother and sister and others, that are prohibited); Code § 20-45.1 (specifying that such marriages under Code § 20-38.”
Deborah MacDougall v. Richard S. Levick (Va. Ct. App. 2016). “1 (listing marriages, such as between brother and sister and others, that are prohibited); Code § 20-45.1 (specifying that such marriages under Code § 20-38.”
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