Who May Marry in Virginia

Age Requirement

As of July 1, 2016, pursuant to Virginia Code §20-48, the minimum age to get married is 18, unless a minor has been emancipated by court order. Upon application for a marriage license, an emancipated minor shall provide a certified copy of the order of emancipation.

Prohibited Marriages

The following categories of marriages are illegal in Virginia:

  • A marriage entered into prior to the dissolution of an earlier marriage of one of the parties
  • A marriage between an ancestor and descendant; or between a brother and a sister; or between an uncle and a niece; or between an aunt and a nephew; whether the relationship is by the half or whole blood or by adoption
  • When either party lacks the mental or physical capacity to consent to the marriage
  • Common law marriages are not valid if entered into in Virginia or any other jurisdiction which does not permit them for its residents