§ 51-3. Want of capacity; void and voidable marriages. - North Carolina Statutes

§51‑3.  Want of capacity; void and voidable marriages.

All marriages between any twopersons nearer of kin than first cousins, or between double first cousins, orbetween a male person under 16 years of age and any female, or between a femaleperson under 16 years of age and any male, or between persons either of whomhas a husband or wife living at the time of such marriage, or  between personseither of whom is at the time physically impotent, or between persons either ofwhom is at the time incapable of contracting from want of will orunderstanding, shall be void. No marriage followed by cohabitation and thebirth of issue shall be declared void after the death of either of the partiesfor any of the causes stated in this section except for bigamy. No marriage bypersons either of whom may be under 16 years of age, and otherwise competent tomarry, shall be declared void when the girl shall be pregnant, or when a childshall have been born to the parties unless such child at the time of the actionto annul shall be dead. A marriage contracted under a representation and beliefthat the female partner to the marriage is pregnant, followed by the separationof the parties within 45 days of the marriage which separation has beencontinuous for a period of one year, shall be voidable unless a child shallhave been born to the parties within 10 lunar months of the date of separation.(R.C., c. 68, ss. 7, 8, 9; 1871‑2, c. 193, s. 2; Code, s. 1810;1887, c. 245; Rev., s. 2083; 1911, c. 215, s. 2; 1913, c. 123; 1917, c. 135;C.S., s. 2495; 1947, c. 383, s. 3; 1949, c. 1022; 1953, c. 1105; 1961, c. 367;1977, c. 107, s. 1.)