VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to amend and reenact §§16.1-331, 16.1-333, 20-45.1, 20-48,
20-89.1, and 20-90 of the Code of Virginia; to amend the Code of Virginia by
adding a section numbered 16.1-333.1; and to repeal §20-49 of the Code of
Virginia, relating to legal age for marriage; emancipation petitions for minors
intending to marry; written findings.
[S 415]
Approved
Be it enacted by the General Assembly of Virginia:
1. That §§16.1-331, 16.1-333, 20-45.1, 20-48, 20-89.1, and
20-90 of the Code of Virginia are amended and reenacted and that the Code of
Virginia is amended by adding a section numbered 16.1-333.1 as follows:
§16.1-331. Petition for emancipation.
Any minor who has reached his sixteenth birthday and is
residing in this Commonwealth, or any parent or guardian of such minor, may
petition the juvenile and domestic relations district court for the county or
city in which either the minor or his parents or guardian resides for a
determination that the minor named in the petition be emancipated. The petition
shall contain, in addition to the information required by §16.1-262, the
gender of the minor and, if the petitioner is not the minor, the name of the
petitioner and the relationship of the petitioner to the minor. If the
petition is based on the minor's desire to enter into a valid marriage, the
petition shall also include the name, age, date of birth, if known, and
residence of the intended spouse. The petitioner shall also attach copies of
any criminal records of each individual intending to be married. The petitioner
shall also attach copies of any protective order issued between the individuals
to be married.
§16.1-333. Findings necessary to order that minor is
emancipated.
The court may enter an order declaring the minor emancipated
if, after a hearing, it is found that: (i) the minor has entered into a valid
marriage, whether or not that marriage has been terminated by dissolution;
or (ii) the minor is on active duty with any of the armed forces of the
United States of America; or (iii) the minor willingly lives separate
and apart from his parents or guardian, with the consent or acquiescence of the
parents or guardian, and that the minor is or is capable of supporting himself
and competently managing his own financial affairs; or (iv) the minor
desires to enter into a valid marriage and the requirements of §16.1-333.1 are
met.
§16.1-333.1. Written findings necessary to order that
minor is emancipated on the basis of intent to marry.
The court may enter an order declaring such a minor who
desires to get married emancipated if, after a hearing where both individuals
intending to marry are present, the court makes written findings that:
1. It is the minor's own will that the minor enter into
marriage, and the minor is not being compelled against the minor's will by
force, threats, persuasions, menace, or duress;
2. The individuals to be married are mature enough to make
such a decision to marry;
3. The marriage will not endanger the safety of the minor.
In making this finding, the court shall consider (i) the age difference between
the parties intending to be married; (ii) whether either individual to be
married has a criminal record containing any conviction of an act of violence,
as defined in §19.2-297.1, or any conviction of an offense set forth in §
63.2-1719 or 63.2-1726; and (iii) any history of violence between the parties
to be married; and
4. It is in the best interests of the minor petitioning for
an order of emancipation that such order be entered. Neither a past or current
pregnancy of either individual to be married or between the individuals to be
married nor the wishes of the parents or legal guardians of the minor desiring
to be married shall be sufficient evidence to establish that the best interests
of the minor would be served by entering the order of emancipation.
§20-45.1. Void and voidable marriages.
(a) A. All marriages which that
are prohibited by §20-38.1 or where either or both of the parties are, at
the time of the solemnization of the marriage, under the age of eighteen, and
have not complied with the provisions of § 20-48 or § 20-49, are
void.
(b) 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 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 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.
§20-48. Minimum age of marriage.
The minimum age at which persons may marry, with consent of
the parent or guardian, shall be sixteen 18, unless a minor has
been emancipated by court order. Upon application for a marriage license, an
emancipated minor shall provide a certified copy of the order of emancipation.
In case of pregnancy when either party is under sixteen,
the clerk authorized to issue marriage licenses in the county or city wherein
the female resides shall issue a proper marriage license with the consent of
the parent or guardian of the person or persons under the age of sixteen only
upon presentation of a doctor's certificate showing he has examined the female
and that she is pregnant, or has been pregnant within the nine months previous
to such examination, which certificate shall be filed by the clerk, and such
marriage consummated under such circumstances shall be valid. If any such
person under the age of sixteen is a ward of the Commonwealth by virtue of
having been adjudicated a delinquent, dependent, or neglected child, instead of
the consent of the parent or natural guardian there shall be required the
consent of the judge having jurisdiction to control the custody of such person;
or, if such person so adjudicated shall have been committed to the Department
of Juvenile Justice or to any society, association, or institution approved by
it for this purpose, such consent shall be given by some person thereto
authorized by the Director of the Department of Juvenile Justice, or by the
principal executive officer of such society, association, or institution, as
the case may be.
§20-89.1. Suit to annul marriage.
(a) A. When a marriage is alleged to be void or
voidable for any of the causes mentioned in §§ § 20-13, 20-38.1, or
20-45.1 or by virtue of fraud or duress, either party may institute a suit
for annulling the same; and upon proof of the nullity of the marriage, it shall
be decreed void by a decree of annulment.
(b) B. In the case of natural or incurable
impotency of body existing at the time of entering into the marriage contract,
or when, prior to the marriage, either party, without the knowledge of the
other, had been convicted of a felony, or when, at the time of the marriage,
the wife, without the knowledge of the husband, was with child by some person
other than the husband, or where the husband, without knowledge of the wife,
had fathered a child born to a woman other than the wife within ten
10 months after the date of the solemnization of the marriage, or where, prior
to the marriage, either party had been, without the knowledge of the other, a
prostitute, a decree of annulment may be entered upon proof, on complaint of
the party aggrieved.
(c) C. No annulment for a marriage alleged to be
void or voidable under subsection (b) B of §20-45.1,
or subsection (b) B of this section or by virtue of fraud or
duress shall be decreed if it appears that the party applying for such
annulment has cohabited with the other after knowledge of the facts giving rise
to what otherwise would have been grounds for annulment;, and,
in no event shall any such decree be entered if the parties had been married
for a period of two years prior to the institution of such suit for annulment.
(d) D. A party who, at the time of such marriage
as is mentioned in §20-48 or § 20-49, was capable of consenting
with a party not so capable, shall not be permitted to institute a suit
for the purpose of annulling such marriage.
§20-90. Suit to affirm marriage.
A. When the validity of any marriage shall be denied or
doubted by either of the parties, the other party may institute a suit for
affirmance of the marriage, and upon due proof of the validity thereof, it
shall be decreed to be valid, and such decree shall be conclusive upon all
persons concerned.
B. Notwithstanding §20-13, a marriage of a couple where
one of the parties was under the age of 18 at the time of solemnization may be
decreed valid upon petition by the party who was under the age of 18 at the
time of the solemnization that would otherwise be deemed voidable under
subsection C of §20-45.1 solely because of age, once such party has attained
the age of 18. If both parties were under the age of 18 at the time of
solemnization, such petition shall not be granted unless both parties have reached
the age of 18 and join in the petition together.
2. That §20-49 of the Code of Virginia is repealed.
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