25 CFR § 11.604 - Declaration of invalidity.

---
identifier: "/us/cfr/t25/s11.604"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "25 CFR § 11.604 - Declaration of invalidity."
title_number: 25
title_name: "Indians"
section_number: "11.604"
section_name: "Declaration of invalidity."
chapter_name: "BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR"
subchapter_number: "B"
subchapter_name: "LAW AND ORDER"
part_number: "11"
part_name: "COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
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."
regulatory_source: "58 FR 54411, Oct. 21, 1993, unless otherwise noted."
cfr_part: "11"
---


# 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.

(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.