25 CFR 11.604
§ 11.604 Declaration of invalidity.
United States · 25 CFR — Indians · Status: effective
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- Citation
- 25 CFR 11.604, § 11.604 Declaration of invalidity, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/103585
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Full text
(a) The Court of Indian Offenses shall enter a decree declaring the invalidity of a marriage entered into under the following circumstances:
(1) A party lacked capacity to consent to the marriage, either because of mental incapacity or infirmity or by the influence of alcohol, drugs, or other incapacitating substances; or
(2) A party was induced to enter into a marriage by fraud or duress; or
(3) A party lacks the physical capacity to consummate the marriage by sexual intercourse and at the time the marriage was entered into, the other party did not know of the incapacity; or
(4) The marriage is prohibited under § 11.603.
(b) A declaration of invalidity may be sought by either party to the marriage or by the legal representative of the party who lacked capacity to consent.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.