Marriage as a civil contract
Marriage is contemplated by the law as a civil contract,
for which the consent of the contracting parties, capable
in law of contracting, is essential.
(New Mexico Statutes Ann. Section 40-1-1)
Prohibited marriages; annulment
No marriage between relatives within the prohibited degrees
or between or with infants under the prohibited ages, shall
be declared void, except by a decree of the district court
upon proper proceedings being had therein. A cause of action
may be instituted by the minor, by next friend, by either
parent or legal guardian of such minor or by the district
attorney. In the case of Best Section End minors, no party
to the marriage who may be over the prohibited age shall
be allowed to apply for or obtain a decree of the court
declaring such marriage void; but such minor may do so,
and the court may in its discretion grant alimony until
the minor becomes of age or remarries. All children of marriage
so declared void as aforesaid shall be deemed and held as
legitimate with the right of inheritance from both parents;
and also in the case of minors, if the parties should live
together until they arrive at the age under which marriage
is prohibited [FN1] by statute, then and in that case, such
marriage shall be deemed legal and binding.
(New Mexico Statutes Ann. Section 40-1-9)
