451.040. Marriage license required, waiting period--application, contents--license void when--common law of marriages void--lack of authority to perform marriage, effect. - Missouri Statutes

Marriage license required, waiting period--application,contents--license void when--common law of marriages void--lackof authority to perform marriage, effect.

451.040. 1. Previous to any marriage in this state, a license forthat purpose shall be obtained from the officer authorized to issue thesame, and no marriage contracted shall be recognized as valid unless thelicense has been previously obtained, and unless the marriage is solemnizedby a person authorized by law to solemnize marriages.

2. Before applicants for a marriage license shall receive a license,and before the recorder of deeds shall be authorized to issue a license,the parties to the marriage shall present an application for the license,duly executed and signed in the presence of the recorder of deeds or theirdeputy. Each application for a license shall contain the Social Securitynumber of the applicant, provided that the applicant in fact has a SocialSecurity number, or the applicant shall sign a statement provided by therecorder that the applicant does not have a Social Security number. TheSocial Security number contained in an application for a marriage licenseshall be exempt from examination and copying pursuant to section 610.024,RSMo. After the receipt of the application the recorder of deeds shallissue the license, unless one of the parties withdraws the application.The license shall be void after thirty days from the date of issuance.

3. Any person violating the provisions of this section shall bedeemed guilty of a misdemeanor.

4. Common-law marriages shall be null and void.

5. Provided, however, that no marriage shall be deemed or adjudgedinvalid, nor shall the validity be in any way affected for want ofauthority in any person so solemnizing the marriage pursuant to section451.100, if consummated with the full belief on the part of the persons, somarried, or either of them, that they were lawfully joined in marriage.

(RSMo 1939 § 3364, A.L. 1943 p. 639, A.L. 1974 H.B. 981, A.L. 1978 H.B. 1634, A.L. 1981 S.B. 21 & 113, A.L. 1986 H.B. 931, A.L. 1997 S.B. 361, A.L. 1998 H.B. 987, A.L. 2001 H.B. 157, A.L. 2007 S.B. 22)

Prior revisions: 1929 § 2977; 1919 § 7302; 1909 § 8283