---
kind: "section"
citation: "25 C.F.R. § 11.604"
title: "25"
number: "11.604"
heading: "Declaration of invalidity."
url: "https://uscodex.org/cfr/25/11.604"
---

# §11.604. Declaration of invalidity.

- (a) The Court of Indian Offenses shall enter a decree declaring the invalidity of a marriage entered into under the following circumstances:
  - (1) A party lacked capacity to consent to the marriage, either because of mental incapacity or infirmity or by the influence of alcohol, drugs, or other incapacitating substances; or
  - (2) A party was induced to enter into a marriage by fraud or duress; or
  - (3) A party lacks the physical capacity to consummate the marriage by sexual intercourse and at the time the marriage was entered into, the other party did not know of the incapacity; or
  - (4) The marriage is prohibited under [§ 11.603](/cfr/25/11.603.md).
- (b) A declaration of invalidity may be sought by either party to the marriage or by the legal representative of the party who lacked capacity to consent.

## Notes

### Authority

Authority: 5 U.S.C. 301; R.S. 463, 25 U.S.C. 2; R.S. 465, 25 U.S.C. 9; 42 Stat. 208, 25 U.S.C. 13; 38 Stat. 586, 25 U.S.C. 200.

### Source

Source: 58 FR 54411, Oct. 21, 1993, unless otherwise noted.