40-1-401. Prohibited marriages -- contracts. (1) The following marriages are prohibited:
     (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.
     (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.

     History: En. 48-310 by Sec. 10, Ch. 536, L. 1975; R.C.M. 1947, 48-310; amd. Sec. 1, Ch. 424, L. 1997.