37:1-10. Common law and other marriages without license; validity
Nothing in this chapter shall be deemed or taken to render any common law or other marriage, otherwise lawful, contracted before December first, nineteen hundred and thirty-nine, invalid by reason of the failure to take out a license as herein provided. But no marriage contracted on and after December first, nineteen hundred and thirty-nine, shall be valid unless the contracting parties shall have obtained a marriage license as required by section 37:1-2 of this Title, and unless, also, the marriage, after license duly issued therefor, shall have been performed by or before any person, religious society, institution or organization authorized by section 37:1-13 of this Title to solemnize marriages; and failure in any case to comply with both prerequisites aforesaid, which shall always be construed as mandatory and not merely directory, shall render the purported marriage absolutely void.
Amended by L.1939, c. 227, p. 624, s. 1, eff. July 18, 1939.
Structure New Jersey Revised Statutes
Title 37 - Marriages and Married Persons
Section 37:1-1 - Certain marriages or civil unions prohibited.
Section 37:1-1.1 - Findings, declarations regarding same-sex marriage.
Section 37:1-2 - Necessity of marriage or civil union license; "licensing officer" defined.
Section 37:1-3 - Where marriage or civil union license to be obtained.
Section 37:1-4 - Issuance of marriage or civil union license, emergencies, validity.
Section 37:1-6 - Prohibition of issuance of marriage, civil union license to minor.
Section 37:1-7 - Issuing of license; remarriage or reaffirming a civil union.
Section 37:1-9 - When issuance of license prohibited.
Section 37:1-10 - Common law and other marriages without license; validity
Section 37:1-11 - Illegal issuance of license a disorderly persons offense.
Section 37:1-12 - Fees; disposition in cities of first class.
Section 37:1-12.1 - Additional fee.
Section 37:1-12.2 - Trust fund to aid victims of domestic violence.
Section 37:1-12.3 - Rules and regulations
Section 37:1-13 - Authorization to solemnize marriages and civil unions.
Section 37:1-13.2 - Marriages solemnized by judge of court of record; validation
Section 37:1-14 - Certain marriages validated
Section 37:1-15 - Solemnizing without presentation of license; disorderly persons offense.
Section 37:1-16 - Interrogation of applicants under oath; perjury.
Section 37:1-17 - Marriage or civil union license; information provided.
Section 37:1-17.1 - License and certificate of marriage or civil union; transmittal.
Section 37:1-17.2 - Delayed reports; filing; contents; affidavits; evidence.
Section 37:1-17.3 - Entry into marriage, civil union by proxy under certain conditions.
Section 37:1-18 - Penalty for false certificate.
Section 37:1-19 - Penalty; how recovered.
Section 37:1-27 - Tests; information; distribution by issuer of marriage or civil union licenses.
Section 37:1-28 - Findings, declarations concerning civil unions.
Section 37:1-29 - Definitions relative to civil unions.
Section 37:1-30 - Criteria for establishment of civil union.
Section 37:1-33 - References to marital or spousal relationships to include civil unions.
Section 37:1-34 - Validity of civil unions entered into in foreign jurisdictions.
Section 37:1-35 - Rules and regulations; guidance on replying to form questions.
Section 37:2-30 - Minor spouses; authority to join adult spouse in transfer of realty
Section 37:2-31 - Short title.
Section 37:2-32 - Definitions.
Section 37:2-33 - Formalties; consideration.
Section 37:2-34 - Contents of premarital or pre-civil union agreement.
Section 37:2-36 - When premarital or pre-civil union agreement becomes effective.
Section 37:2-37 - Amendment or revocation of premarital or pre-civil union agreement.
Section 37:2-38 - Enforcement of premarital or pre-civil union agreement; generally.