Ponca Tribe of Nebraska Tribal Code
TITLE IV DOMESTIC RELATIONS
CHAPTER 1 MARRIAGE
Section 4-1-1. Authority
Section 4-1-2. Marriage License
Section 4-1-3. Existing Marriages
Section 4-1-4. Persons Who May Marry
Section 4-1-5. Solemnization
Section 4-1-6. Marriage Ceremony
Section 4-1-7. Void Marriages
Section 4-1-8. Voidable Marriage
The Ponca Tribe of Nebraska shall have the authority to issue marriage licenses to individuals who are residents within the territorial jurisdiction of the Ponca Tribe of Nebraska.
Ponca Tribe of Nebraska Code § 4-1-1, PTN Code § 4-1-1
No marriage shall be performed under authority of this Code unless the parties have first obtained a marriage license from the Tribal Court Administrator. The Tribal Court Administrator shall issue a marriage license to persons who appear entitled to be married as provided in this Code upon payment of a $25.00 fee. The Tribal Court Administrator shall keep a record of all marriage licenses and certificates issued.
Ponca Tribe of Nebraska Code § 4-1-2, PTN Code § 4-1-2
All marriages performed other than as provided for in this Code, which are valid under the laws of the jurisdiction where and when performed, are valid within the jurisdiction of the Ponca Tribe of Nebraska. All marriages performed within Ponca Tribe of Nebraska jurisdiction prior to the effective date of this Code, including those perfected according to any Tribal custom and tradition, are declared valid for all purposes under this Code. Parties to such marriages may obtain a marriage certificate upon proof to the Tribal Court Administrator by affidavit or otherwise of the validity of their marriage, and payment of a $25.00 fee.
Ponca Tribe of Nebraska Code § 4-1-3, PTN Code § 4-1-3
No marriage license shall be issued or marriage performed unless the persons to be married meet the following qualifications:
1. They are at least eighteen (18) years of age, or at least sixteen (16) years of age but less than eighteen (18) years of age, and have the written consent of their parents or guardians properly notarized, to marry; and
2. At least one of the persons to be married is a resident Ponca tribal member.
Ponca Tribe of Nebraska Code § 4-1-4, PTN Code § 4-1-4
To be valid, a marriage shall be solemnized within the Ponca territorial jurisdiction in the presence of at least two (2)witnesses. A marriage may be solemnized by any of the following individuals:
1. Recognized clergyman or persons recognized by their religions as having authority to marry;
2. A judge of the Ponca Tribe of Nebraska;
3. The Tribal Court Administrator of the Ponca Tribe of Nebraska;
4. Any person recognized by Nebraska law as having authority to marry.
No marriage solemnized before any person professing to have authority to marry shall be invalid for want of such authority, if consummated in the belief of the parties that such person had such authority and that they have been lawfully married.
Ponca Tribe of Nebraska Code § 4-1-5, PTN Code § 4-1-5
No particular form of marriage ceremony is required, provided, however, that the persons to be married must declare in the presence of the person performing the ceremony, that they take each other as husband and wife, and he/she thereafter declares them to be husband and wife.
Ponca Tribe of Nebraska Code § 4-1-6, PTN Code § 4-1-6
The following marriages shall be void:
1. Marriages between ancestors and their descendants, between brothers and sisters of half as well as the whole blood, between an uncle and his niece or an aunt and her nephew, or between cousins in the first and second degree, are void from the beginning whether or not the degree of relationship is legitimate or illegitimate;
2. Marriages between a person who is, at the time of the marriage, married to another person who is still living; provided, however, that such marriage will be considered valid until ruled otherwise by a court of competent jurisdiction if the party previously married;
3. Actually believed, in good faith, that the prior marriage had been dissolved as a result of divorce or annulment; or
4. Actually believed, in good faith, that his or her prior spouse was dead.
Ponca Tribe of Nebraska Code § 4-1-7, PTN Code § 4-1-7
If either party to a marriage is incapable of entering into the marital state because of some physical cause or if the consent of either party to the marriage was obtained by force, fraud or coercion the marriage shall be voidable.
Ponca Tribe of Nebraska Code § 4-1-8, PTN Code § 4-1-8