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Requirements for Marriage in Virginia

The requirements to marry and rights granted by marriage vary from state to state. It is imperative that a marriage be validly obtained; defects in a marriage can render the relationship and corresponding benefits either void or voidable.

In Virginia, the minimum age is sixteen years for both bride and groom, and if either party is under eighteen, a parent or legal guardian must also give consent per Virginia Code section 20-48 (The requirements to marry and rights granted by marriage vary from state to state. It is imperative that a marriage be validly obtained; defects in a marriage can render the relationship and corresponding benefits either void or voidable.

In Virginia, the minimum age is sixteen years for both bride and groom, and if either party is under eighteen, a parent or legal guardian must also give consent. In the case of pregnancy, the minimum age requirement is relaxed, and the parties can marry much earlier. No matter the circumstances, Virginia requires the parties to the marriage must obtain a license and undergo a ceremony performed by an authorized individual. Ministers of any religious denomination can be licensed to perform marriages, and a judge or justice of any state court can perform a marriage without a license.

Common law marriage is a marriage relationship recognized by the state although no legally recognized marriage ceremony has been performed and no license or civil contract has been entered. Typically, the parties must cohabitate and hold themselves out to the word as spouses in order to accomplish a common law marriage. While common law marriages are recognized as legal and binding in several states, Virginia will not acknowledge common law marriages created in the Commonwealth or any other jurisdiction that does not permit them. However, a common law marriage established elsewhere and valid under the law of the jurisdiction where established will be recognized in Virginia.

There are several prohibitions on marriage in Virginia. As in most other states, a marriage or civil union between persons of the same sex is void in Virginia. A marriage entered into prior to dissolution of an earlier marriage will also be void. Such marriages are technically bigamy, and they are void without a divorce decree or any other legal action. A marriage between an ancestor or descendant, sibling, or other relative is prohibited, whether the relationship is by half blood or whole, or by adoption. Finally, a marriage is not valid if either of the parties lacks the capacity to consent to the marriage because of mental incapacity or infirmity. This includes age and mental incapacity.