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

1. McBee  88th            2. Heard  89th             3. Scoggins  24th


House Comm: Judy       /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              1/12/96  Read 1st Time                                                                
              1/22/96  Read 2nd Time                                                                
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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)