HB 1275 - Common-law marriage; define; validate

Georgia House of Representatives - 1995/1996 Sessions

HB 1275 - Common-law marriage; define; validate

Page Numbers - 1/ 2/ 3
Code Sections - 19-3-5/ 19-3-50
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House Comm: Judy / Senate Comm: / House Vote: Yeas Nays Senate Vote: Yeas Nays ---------------------------------------- House Action Senate ---------------------------------------- 1/12/96 Read 1st Time 1/22/96 Read 2nd Time ---------------------------------------- Code Sections amended:
HB 1275 LC 22 1849 A BILL TO BE ENTITLED AN ACT 1- 1 To amend Chapter 3 of Title 19 of the Official Code of 1- 2 Georgia Annotated, relating to marriage, so as to provide 1- 3 for evidence necessary to prove the conversion of an illicit 1- 4 sexual relationship into a common-law marriage; to provide 1- 5 that subsequent consent and ratification of certain void 1- 6 ceremonial marriages make such marriages valid; to define 1- 7 common-law marriage; to provide for an effective date and 1- 8 for applicability; to provide for related matters; to repeal 1- 9 conflicting laws; and for other purposes. 1-10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 1-11 Chapter 3 of Title 19 of the Official Code of Georgia 1-12 Annotated, relating to marriage, is amended by striking in 1-13 its entirety Code Section 19-3-5, relating to void 1-14 marriages, legitimacy, and later ratification of marriage, 1-15 and inserting in lieu thereof the following: 1-16 "19-3-5. (Index) 1-17 (a) Marriages of persons unable to contract, unwilling to 1-18 contract, or fraudulently induced to contract shall be 1-19 void. However, the issue of such a marriage born before 1-20 the marriage is annulled and declared void by a competent 1-21 court shall be legitimate. 1-22 (b) When the parties have solemnized their relationship by 1-23 a marriage ceremony, in In the case of persons unwilling 1-24 to contract or fraudulently induced to do so, a subsequent 1-25 consent and ratification of the marriage, freely and 1-26 voluntarily made, accompanied by cohabitation as husband 1-27 and wife shall render the marriage valid. When the 1-28 parties have solemnized their relationship by a marriage 1-29 ceremony, in In the case of a marriage void on one of the 1-30 grounds specified in paragraphs (1) through (3) of Code 1-31 Section 19-3-2, after removal of the impediment to 1-32 marriage, a subsequent free and voluntary consent and 1-33 ratification of the marriage accompanied by cohabitation -1- (Index) LC 22 1849 2- 1 as husband and wife shall likewise render the marriage 2- 2 valid." SECTION 2. 2- 3 Said chapter is further amended by inserting a new Code 2- 4 Section to be designated Code Section 19-3-50, to read as 2- 5 follows: 2- 6 "19-3-50. (Index) 2- 7 (a) For the purposes of this title, the term 'common-law 2- 8 marriage' means a valid marriage which: 2- 9 (1) Meets the prerequisites set out in Code Section 2-10 19-3-1; 2-11 (2) Is entered into by parties eligible to contract 2-12 marriage in accordance with the requirements of Code 2-13 Section 19-3-2; 2-14 (3) Is not void pursuant to Code Section 19-3-3 or Code 2-15 Section 19-3-5; and 2-16 (4) Has not been solemnized by a valid marriage 2-17 ceremony. 2-18 (b) The evidence necessary to prove the conversion of an 2-19 illicit sexual relationship into a common-law marriage 2-20 shall include both: 2-21 (1) Proof of the elements of Code Section 19-3-1, which 2-22 may be shown by evidence including but not limited to 2-23 one or more of the following: 2-24 (A) Living together as husband and wife; 2-25 (B) Holding themselves out to the world as husband and 2-26 wife; 2-27 (C) Reputation as husband and wife in the vicinity and 2-28 among others; and 2-29 (D) Cohabitation; and 2-30 (2) Proof of either: 2-31 (A) A bona fide attempt to contract a valid ceremonial 2-32 marriage; or 2-33 (B) The birth to the parties of a child or children." -2- (Index) LC 22 1849 SECTION 3. 3- 1 This Act shall become effective upon its approval by the 3- 2 Governor or upon its becoming law without such approval and 3- 3 shall apply to all actions initiated on or after the 3- 4 effective date. SECTION 4. 3- 5 All laws and parts of laws in conflict with this Act are 3- 6 repealed. -3- (Index)

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