Section 2.13 Mental Capacity

• Library: Family Law Deskbook and 2014 Supp

3. (§2.13) Mental Capacity

Section 451.010, RSMo 2000, provides that marriage is a civil contract “to which the consent of the parties capable in law of contracting is essential.” Section 451.010 should be read in conjunction with § 451.020, RSMo 2000, which provides that “marriages between persons who lack capacity to enter into a marriage contract are prohibited unless the court having jurisdiction over such persons approves the marriage.”

Although there have since been no cases decided on the degree of...