Code of the District of Columbia

§ 46–401.01. Marriages void ab initio — In general.

The following marriages are prohibited in the District of Columbia and shall be absolutely void ab initio, without being so decreed, and their nullity may be shown in any collateral proceedings, namely:

(1) Repealed.

(2) Repealed.

(2A) The marriage of a person with a person’s grandparent, grandparent’s spouse, spouse’s grandparent, parent’s sibling, parent, step-parent, spouse’s parent, child, spouse’s child, child’s spouse, sibling, child’s child, child’s child’s spouse, spouse’s child’s child, sibling’s child.

(3) The marriage of any persons either of whom has been previously married and whose previous marriage has not been terminated by death or a decree of divorce.


(Mar. 3, 1901, 31 Stat. 1391, ch. 854, § 1283; July 7, 2009, D.C. Law 18-9,§ 3(a), 56 DCR 3797; redesignated as § 1283a, Mar. 3, 2010, D.C. Law 18-110,§ 2(a), 57 DCR 27.)

Prior Codifications

2001 Ed., § 46-401.

1981 Ed., § 30-101.

1973 Ed., § 30-101.

Section References

This section is referenced in § 16-903, § 46-401, and § 46-405.01.

Effect of Amendments

D.C. Law 18-9 repealed pars. (1) and (2); and added par. (2A).

Cross References

Proceedings to annul marriage, see §§ 16-903, 16-904.

Editor's Notes

Former § 46-401 was recodified as § 46-401.01 by D.C. Law 18-110, § 2(a).