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Section 40-1-323 – Proof of solemnized marriage when no record

May 13, 2021 | Family Law, Montana

If the record of the solemnization of a marriage heretofore entered into has been lost or destroyed and not known to exist, the parties may join in a written declaration of such marriage, substantially showing:

(1) the names, ages, and residences of the parties;
(2) the date and place of marriage and other pertinent facts of the marriage;
(3) that the record of the solemnized marriage has become lost or destroyed, as the case may be, and is not known to exist.

ยง 40-1-323, MCA

En. Sec. 86, Civ. C. 1895; re-en. Sec. 3632, Rev. C. 1907; re-en. Sec. 5725, R.C.M. 1921; Cal. Civ. C. Sec. 76; re-en. Sec. 5725, R.C.M. 1935; amd. Sec. 1, Ch. 276, L. 1959; R.C.M. 1947, 48-131.