81-2-408. Validity of marriage not solemnized or solemnized before an unauthorized individual.

326 words·~1 min read·/ut/title-81/chapter-2/81-2-408

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)Before May 5, 2027, an individual may file a petition with a court to validate and make legal a marriage that is not solemnized in accordance with this chapter.

(2)On a filing of a petition described in Subsection

(1), the court may enter an order validating and making legal a marriage that is not solemnized in accordance with this chapter if the court establishes that the marriage arises out of a contract between two individuals:

(a)of legal age and capable of giving consent;

(b)legally capable of entering a solemnized marriage under the provisions of this chapter;

(c)who have cohabited;

(d)who mutually assume marital rights, duties, and obligations; and

(e)who hold themselves out as and have acquired a uniform and general reputation as spouses.

(a)An individual may only file the petition described in Subsection

(1)during the relationship described in Subsection (2), or within one year following the termination of that relationship.

(b)Evidence of a marriage recognizable under this section may be:

(i)manifested in any form; and

(ii)proved under the same general rules of evidence as facts in other cases.

(4)On and after May 5, 2027, an individual may not file a petition described in Subsection

(1).

(a)A marriage solemnized before an individual professing to have authority to perform marriages may not be invalidated for lack of authority if consummated in the belief of the parties or either party that the person had authority and that the parties have been lawfully married.

(b)Except as otherwise explicitly provided by law, Subsection (5)(a) may not be construed to validate a marriage that:

(i)is prohibited or void under Section 81-2-403 ; or

(ii)fails to meet the requirements of Section 81-2-302 , as validated by a court with jurisdiction.

Amended by Chapter 347 , 2026 General Session