106.990���� Penalties MARRIAGE ����� 106.010 Marriage as civil contract; age of parties. Marriage is a civil contract entered into in person by males at least 18 years of age and females at le

106.990���� Penalties

MARRIAGE

����� 106.010 Marriage as civil contract; age of parties. Marriage is a civil contract entered into in person by males at least 18 years of age and females at least 18 years of age, who are otherwise capable, and solemnized in accordance with ORS 106.150. [Amended by 1965 c.422 �1; 1975 c.583 �1; 2025 c.224 �1]

����� 106.020 Prohibited and void marriages. The following marriages are prohibited; and, if solemnized within this state, are absolutely void:

����� (1) When either party thereto had a spouse living at the time of the marriage.

����� (2) When the parties thereto are first cousins or any nearer of kin to each other, whether of the whole or half blood, whether by blood or adoption, computing by the rules of the civil law, except that when the parties are first cousins by adoption only, the marriage is not prohibited or void. [Amended by 1989 c.647 �1; 2015 c.629 �7]

����� 106.030 Voidable marriages. When either party to a marriage is incapable of making such contract or consenting thereto for want of legal age or sufficient understanding, or when the consent of either party is obtained by force or fraud, such marriage shall be void from the time it is so declared by judgment of a court having jurisdiction thereof. [Amended by 2003 c.576 �372]

����� 106.040 [Repealed by 1953 c.143 �9]

����� 106.041 Marriage license; application; record. (1) All persons wishing to enter into a marriage contract shall obtain a marriage license from the county clerk upon application, directed to any person, religious organization or congregation, or secular organization, authorized by ORS 106.120 to solemnize marriages, and authorizing the person, religious organization or congregation, or secular organization, to join together as spouses in a marriage the persons named in the license.

����� (2) The State Registrar of the Center for Health Statistics shall provide a standard form of the application, license and record of marriage to be used in this state that must include:

����� (a) Each applicant�s Social Security number recorded on a confidential portion of the application, license and record of marriage;

����� (b) Certain statistical data regarding age, place of birth, sex, occupation, residence and previous marital status of each applicant;

����� (c) The name and address of the affiant under ORS 106.050, if required; and

����� (d) Each applicant�s name after marriage as provided in ORS 106.220.

����� (3) The form of application, license and record provided by the state registrar under subsection (2) of this section may not require an address for any religious organization or congregation authorized by ORS 106.120 to solemnize marriages.

����� (4) Each applicant for a marriage license shall file with the county clerk from whom the marriage license is sought a written application for the license on forms prescribed for this purpose by the Center for Health Statistics.

����� (5) A marriage license must contain the following statement: �Neither you nor your spouse is the property of the other. The laws of the State of Oregon affirm your right to enter into marriage and at the same time to live within the marriage free from violence and abuse.�

����� (6) An applicant may not intentionally make a material false statement in the records required by this section.

����� (7) The county clerk may not issue a marriage license until the provisions of this section and ORS 106.050 are complied with. [1953 c.143 �2; 1981 c.152 �1; 1993 c.324 �1; 1995 c.555 �4; 1999 c.80 �67; 2007 c.703 �1; 2015 c.629 �8; 2017 c.61 �2; 2017 c.466 �1; 2025 c.224 �2]

����� 106.043 [1953 c.143 �2; 1971 c.282 �1; repealed by 1981 c.152 �6]

����� 106.045 Fee for marriage license; purpose. (1) In addition to any other fees provided by law, the county clerk shall collect a fee of $25 upon the application for a marriage license.

����� (2) The county clerk shall regularly pay over to the Department of Human Services all moneys collected under subsection (1) of this section to be credited to the Domestic Violence Fund pursuant to ORS 409.300. [1981 c.357 �1; 1983 c.480 �6; 1987 c.740 �1; 2009 c.595 �65a; 2011 c.720 �55]

����� Note: 106.045 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 106 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 106.050 Proof of age; when affidavit required. The county clerk may accept any reasonable proof of the age of an applicant for a marriage license satisfactory to the clerk. The clerk may require proof of age by affidavit of some person other than either of the parties seeking the license if the clerk deems it necessary in order to determine the age of an applicant to the clerk�s satisfaction. [Amended by 1965 c.467 �1; 1969 c.242 �1; 1987 c.340 �1; 2025 c.224 �3]

����� 106.060 [Amended by 1965 c.467 �2; 1969 c.242 �2; 1973 c.827 �12; 1975 c.583 �2; 1987 c.340 �2; repealed by 2025 c.224 �9]

����� 106.070 [Repealed by 1953 c.143 �9]

����� 106.071 [1953 c.143 �4(1),(2),(3),(4),(5),(6); 1959 c.377 �1; 1971 c.282 �2; 1977 c.582 �4; 1979 c.731 �3; repealed by 1981 c.152 �6]

����� 106.074 [1953 c.143 �4(7); 1971 c.282 �3; repealed by 1981 c.152 �6]

����� 106.075 [Repealed by 1953 c.143 �9]

����� 106.077 Issuance of marriage license; waiting period; exception. (1) When the county clerk has received the written application for the marriage license from both applicants, and all other legal requirements for issuance of the marriage license have been met, the county clerk shall issue a marriage license which shall become effective three days after the date on which the application was signed by the applicants. The county clerk shall indicate on the license the date on which the license becomes effective. A license shall be valid for 60 days after the effective date.

����� (2) For good and sufficient cause shown, a written order waiving the three-day waiting period provided in subsection (1) of this section may be signed by:

����� (a) A judge of probate of the county;

����� (b) A circuit court judge of the county in which the circuit court judge is not the judge of probate if the jurisdiction of the circuit court has been extended to cover this section pursuant to ORS 3.275;

����� (c) A judge of a county court of the county in which the judge of the county court is not the judge of probate if the circuit court judge does not reside therein; or

����� (d) The county clerk or official responsible for issuing the marriage license. [1953 c.143 �4(8); 1957 c.592 �1; 1963 c.429 �1; 1967 c.534 �13; 1971 c.456 �1; 1979 c.724 �2; 1981 c.152 �2; 1983 c.156 �1; 1989 c.508 �1]

����� 106.079 [1953 c.143 �4(9); 1981 c.152 �3; repealed by 2007 c.703 �11]

����� 106.080 [Amended by 1953 c.143 �9; repealed by 1971 c.282 �4]

����� 106.081 Fetal alcohol syndrome pamphlets. When the county clerk issues a marriage license, the county clerk shall also give to the licensees a pamphlet describing the medical condition known as fetal alcohol syndrome, its causes and its effects. The pamphlet shall be provided to the counties by the Oregon Health Authority under ORS 431A.575 for distribution under this section. [1987 c.340 �3; 2009 c.595 �66]

����� Note: 106.081 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 106 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 106.090 [Repealed by 1981 c.152 �6]

����� 106.100 County clerk�s records. (1) The county clerk who issues the marriage license shall maintain records relating to marriages licensed in the county. The records must include the names of the parties before and after marriage, the consent of the guardian, if any, the name of the affiant, the substance of the affidavit upon which the license was issued and the date of the license.

����� (2) Upon return of the completed application, license and record of marriage under ORS 106.170, the county clerk shall add the date of the marriage ceremony to the clerk�s records maintained under subsection (1) of this section and file the completed application, license and record of marriage. Except as provided in ORS 205.320, the county clerk may not charge a fee for filing, recording or indexing the application, license and record of marriage.

����� (3) The county clerk shall, upon completion of the requirements of this section and ORS