This code shall be known and may be cited as the "Menominee
Indian Tribe of Wisconsin Marriage Code."
The purpose of this code is to establish procedures for marriage within the Tribe's Reservation and the recognition of marriages performed outside of the Tribe's Reservation pursuant to §
409-16, Recognition of marriages from other jurisdictions, under this chapter.
If any provision of this code, or the application thereof to
any person or circumstance, shall, for any reason, be adjudged by
a court of competent jurisdiction to be invalid, such judgment shall
not affect, impair or invalidate the remainder of this Code, which
shall continue in full force and effect.
The following terms, whenever used or referred to in this code,
shall have the following respective meanings:
CUSTODIAN
A person who has legal custody of a child under tribal or
state law or to whom temporary physical care, custody and control
has been transferred by the parent of the child.
LEGISLATURE or TRIBAL LEGISLATURE
The elected governing body of the Menominee Indian Tribe
of Wisconsin as established by the Constitution and Bylaws of the
Menominee Indian Tribe of Wisconsin.
MARRIAGE
A civil contract between two persons, regardless of their
sex, creating a union to the exclusion of all others.
MEMBER
A duly enrolled member of the Tribe.
SOLEMNIZE
To perform a marriage ceremony or to enter into a marriage
publicly before witnesses pursuant to this code, as applicable.
TRIBE
The Menominee Indian Tribe of Wisconsin.
Marriage under this law is a civil contract to which the consent
of the parties capable in law of contracting is essential, and which
creates a union between two persons, regardless of their sex (or gender),
to the exclusion of all others.
The fee for issuance of marriage licenses shall be set by the
Licensing and Permit Department in accordance with applicable tribal
law. This fee may be increased from time to time in accordance with
applicable tribal law.
A marriage may be voided or annulled by the Tribal Court for
any one of the following reasons upon the application of one of the
parties to marriage:
A. When either party to the marriage shall be incapable of consenting
thereto.
B. When the consent was obtained by force or fraud.
C. When either party was at the time of the marriage incapable of consummating
the marriage and the incapacity is continuing.
D. When the marriage was invalid on one of the grounds set forth in §
409-8 of this chapter.
The marriage document, legibly and completely filled out in
ink, shall be returned by the officiating person or by the parties
to the marriage contract to the Licensing and Permit Department within
10 days after the date of marriage. The Licensing and Permit Department
shall provide the document to the Menominee Tribal Clerk of Court
so that it may be filed on record with the Tribal Enrollment Office
and a copy of the same with the State of Wisconsin Bureau of Vital
Statistics.
All marriages performed on the Reservation prior to the effective date of this code that meet the requirements of §
409-7, Who may contract; marriageable age, §
409-8, Invalid or prohibited marriages, §
409-9, Identification of parties, and §
409-12, Solemnization of marriage contract, shall be valid upon completion of the requirements to obtain a marriage license under this code. Parties to such marriages may obtain a marriage license upon proof to the Licensing and Permit Department by affidavit or otherwise of their eligibility for such a license under this section and payment of a fee set by the Licensing and Permit Department in accordance with applicable tribal law. This fee may be increased from time to time in accordance with tribal law. The Licensing and Permit Department shall provide the document to the Menominee Tribal Clerk of Court so that it may be filed on record with the Tribal Enrollment Office and a copy of the same with the State of Wisconsin Bureau of Vital Statistics.
The Tribe recognizes and grants full faith and credit to any
marriage license issued in conformance with the laws of any state,
federal, tribal, or foreign jurisdiction that grants comity to marriage
licenses and court orders of the Menominee Indian Tribe of Wisconsin.
This chapter shall become effective upon final approval of the
Menominee Tribal Legislature.