PART I. REQUISITES, PROCEDURES
Part heading added by L 1984, c 79, §1.
§572-1 Requisites of valid marriage contract. In order to make valid the marriage contract, which shall be only between a man and a woman, it shall be necessary that:
(1) The respective parties do not stand in relation to each other of ancestor and descendant of any degree whatsoever, brother and sister of the half as well as to the whole blood, uncle and niece, aunt and nephew, whether the relationship is the result of the issue of parents married or not married to each other;
(2) Each of the parties at the time of contracting the marriage is at least sixteen years of age; provided that with the written approval of the family court of the circuit within which the minor resides, it shall be lawful for a person under the age of sixteen years, but in no event under the age of fifteen years, to marry, subject to section 572-2;
(3) The man does not at the time have any lawful wife living and that the woman does not at the time have any lawful husband living;
(4) Consent of neither party to the marriage has been obtained by force, duress, or fraud;
(5) Neither of the parties is a person afflicted with any loathsome disease concealed from, and unknown to, the other party;
(6) The man and woman to be married in the State shall have duly obtained a license for that purpose from the agent appointed to grant marriage licenses; and
(7) The marriage ceremony be performed in the State by a person or society with a valid license to solemnize marriages and the man and the woman to be married and the person performing the marriage ceremony be all physically present at the same place and time for the marriage ceremony. [L 1872, c 23, §1; am L 1903, c 28, §1; am L 1907, c 42, §1; am L 1913, c 8, §1; RL 1925, §2943; RL 1935, §4630; am L 1935, c 185, §1; am L 1937, c 59, §1; am L 1939, c 122, §1; RL 1945, §12351; am L 1949, c 53, §29; am L 1953, c 79, §1; RL 1955, §323-1; am L 1965, c 232, §1; HRS §572-1; am L 1969, c 152, §1; am L 1970, c 9, §1; am L 1972, c 182, §1 and c 192, pt of §1; am L 1978, c 74, §1; am L 1981, c 202, §1; am L 1984, c 119, §1; am L 1994, c 217, §3; am L 1997, c 52, §5]
Attorney General Opinions
Effect of adoption. Parties who by adoption become uncle and niece not disqualified to intermarry. Att. Gen. Op. 62-49.
Common-law marriages invalid. Att. Gen. Op. 73-5.
If requirements of valid marriage met, validity not affected by absence of filed marriage certificate. Att. Gen. Op. 84-10.
Law Journals and Reviews
For Better or for Worse, in Sickness and in Health, Until Death Do Us Part: A Look at Same Sex Marriage in Hawaii. 16 UH L. Rev. 447.
Justice Ruth Bader Ginsburg And Gender Discrimination. 20 UH L. Rev. 699.
The Hawai`i Marriage Amendment: Its Origins, Meaning and Fate. 22 UH L. Rev. 19.
The Fine Line Between Love and the Law: Hawai`i's Attempt to Resolve the Same-Sex Marriage Issue. 22 UH L. Rev. 149.
Love and Let Love: Same-Sex Marriage, Past, Present, and Future, and the Constitutionality of DOMA. 22 UH L. Rev. 185.
The Defense of Marriage Act: Sex and the Citizen. 24 UH L. Rev. 279.
Common-law marriages invalid. 638 F. Supp. 1251.
Proof of marriage without record in civil cases. 1 H. 83; 1 H. 139; 4 H. 548; 26 H. 81. Presumption of validity. 29 H. 716. When destroyed. 34 H. 161; 35 H. 756.
Statute as to Chinese being already married held void. 3 H. 631.
Breach of contract to marry. 5 H. 540. Marriage by girl under fourteen only voidable. 6 H. 289.
No marriage without mutual consent. 8 H. 77; 12 H. 329; 28 H. 581. Corroboration. 25 H. 392, 394. License is prerequisite to a valid marriage. 25 H. 397; 295 F. 636. License presumed from fact of marriage. 16 H. 377; 16 H. 502.
If record of marriage introduced, not necessary to prove that license had been granted or that agent had authority to grant same. 10 H. 440. Or that celebrant had authority to solemnize. 10 H. 442.
This section's age requirement must be read with the requirements of §572-2. 26 H. 89. A property accumulated, putative marriage. 29 H. 770, rev'd, 27 F.2d 582.
Statute is presumed to be unconstitutional unless defendant, as agent of State, can show that statute's sex-based classification is justified by compelling state interests and statute is narrowly drawn to avoid unnecessary abridgments of applicant couples' constitutional rights. 74 H. 530, 852 P.2d 44.
Trial court erred in deciding that wife was entitled to prevail on her divorce claim and second husband was not entitled to prevail on his annulment claim where certified copy of judgment of divorce presented undisputed evidence that when wife married second husband, wife had prior lawful living husband and thus did not satisfy the requirement of paragraph (3). 108 H. 459 (App.), 121 P.3d 924.
Cited: 8 H. 77, 78; 44 H. 271, 273, 353 P.2d 631.