Montana Code 40-1-401. Prohibited marriages — contracts
40-1-401. Prohibited marriages — contracts. (1) The following marriages are prohibited:
Terms Used In Montana Code 40-1-401
- Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. See Montana Code 1-1-201
(a)a marriage entered into prior to the dissolution of an earlier marriage of one of the parties;
(b)a marriage between an ancestor and a descendant or between a brother and a sister, whether the relationship is by the half or the whole blood, or between first cousins;
(c)a marriage between an uncle and a niece or between an aunt and a nephew, whether the relationship is by the half or the whole blood;
(d)a marriage between persons of the same sex, as defined in 1-1-201.
(2)Parties to a marriage prohibited under this section who cohabit after removal of the impediment are lawfully married as of the date of the removal of the impediment.
(3)Children born of a prohibited marriage are legitimate.
(4)A contractual relationship entered into for the purpose of achieving a civil relationship that is prohibited under subsection (1) is void as against public policy.