Va. Code Ann. § 20-37.1
Validation of certain marriages solemnized outside of Commonwealth
Redline — June 1, 2021 → current.View current text →
Current — March 1, 2022
As of June 1, 2021
All marriages heretofore solemnized outside this Commonwealth by a minister authorized to celebrate the rites of marriage in this Commonwealth, under a license issued in this Commonwealth, and showing on the application therefor the place out of this Commonwealth where said marriage is to be performed, shall be valid as if such marriage had been performed in this Commonwealth.
All marriages heretofore solemnized outside this Commonwealth by a minister authorized to celebrate the rites of marriage in this Commonwealth, under a license issued in this Commonwealth, and showing on the application therefor the place out of this Commonwealth where said marriage is to be performed, shall be valid as if such marriage had been performed in this Commonwealth.
(1952, c. 133.)
The number of this section was assigned by the Virginia Code Commission, the 1952 act having assigned no number.
Michie's Jurisprudence. - For related discussion, see 12B M.J. Marriage, § 5.
CIRCUIT COURT OPINIONS
Statute only applies to marriages entered prior to passage. - Statute only applies to marriages entered into prior to the passage of the statute in 1952; the 1952 statute constitutes a legislative recognition that legislation was required to validate pre-1952 marriages performed outside the Commonwealth, and no similar legislation addresses post-1952 marriages. Porter v. Porter, 97 Va. Cir. 81, 2017 Va. Cir. LEXIS 304 (Fairfax County Oct. 11, 2017).
"Heretofore" applies only to marriages that occurred before the statute was created. Porter v. Porter, 97 Va. Cir. 81, 2017 Va. Cir. LEXIS 304 (Fairfax County Oct. 11, 2017).
OPINIONS OF THE ATTORNEY GENERAL
Authority to perform the rites of matrimony. - The authority vested in a minister or other person authorized to perform the rites of matrimony in Virginia does not extend to a celebration of marriage under a Virginia marriage license when the ceremony is conducted outside the territorial boundaries of the Commonwealth of Virginia. See opinion of Attorney General to The Honorable Michele B. McQuigg, Prince William County Circuit Court Clerk, 10-025, 2010 Va. AG LEXIS 28 (5/18/10).
Official source: Virginia Law Portal (LIS). Reproduced from public-domain Virginia statutes; confirm against the official source for the current text. Not legal advice.