NC · jury_instructions
N.C.P.I.—Civil 815.02
VOID MARRIAGE - ISSUE OF LACK OF PROPER SOLEMNIZATION.
NOTE WELL: Use this instruction only for marriages
solemnized in North Carolina.2
The (state number) issue reads:
"Did (name person) and (name person) fail to marry as required by
law?"
On this issue the burden of proof is on the plaintiff. 3 This means
that the plaintiff must prove, by the greater weight of the evidence, that:
[(name person) and (name other person) were not married in each
other's presence]4 (or)
[(name person) and (name other person) failed to express to each
other freely, seriously5 and plainly their consent to take each other
presently as husband and wife] (or)
[(name person) and (name other person) failed to express their
consent freely, seriously and plainly to take each other presently as
husband and wife in the presence of [an ordained minister of any
religious denomination] [a minister authorized by his church6] [a
magistrate]]7(or)
[(name person) and (name other person) were not declared by the
presiding [minister] [magistrate] to be husband and wife].8
The failure of the plaintiff and the defendant to meet [this
requirement] [any one or more of these requirements] means that they
did not marry as required by law.
Finally, as to this (state number) issue on which the plaintiff has
the burden of proof, if you find by the greater weight of the evidence that
(name person) and (name other person) failed to marry as required by
law, then it would be your duty to answer this issue "Yes" in favor of the
plaintiff.
If, on the other hand, you fail to so find, it would be your duty to
answer this issue "No" in favor of the defendant.
History
N.C.P.I.—Civil 815.02 (January 1999). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
561636a7b9f5bc5acd08f0bc4df30c42368261d05396a4eee60653c83f3b9b65
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