PRINTER'S NO. 1336
No. 985 Session of 2003
INTRODUCED BY M. WHITE, JUBELIRER, KUKOVICH, D. WHITE, EARLL AND
RAFFERTY, DECEMBER 18, 2003
REFERRED TO JUDICIARY, DECEMBER 18, 2003
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, abolishing common-law marriage; and
3 providing for declaration of marriage without solemnization.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 1103 of Title 23 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 [§ 1103. Common-law marriage.
9 This part shall not be construed to change the existing law
10 with regard to common-law marriage.]
11 Section 2. Title 23 is amended by adding sections to read:
12 § 1705. Abolition of common-law marriage.
13 Common-law marriage is prohibited in this Commonwealth, and
14 the marriage of a man and woman may occur in this Commonwealth
15 only if the marriage is solemnized by a person described in
16 section 1503 (relating to persons qualified to solemnize
17 marriages) or is established by written declaration under
18 section 1706 (relating to declaration of marriage without
1 solemnization) and the marriage otherwise is in compliance with
2 this part.
3 § 1706. Declaration of marriage without solemnization.
4 (a) Requirements.--Persons desiring to establish a marriage
5 by written declaration in this Commonwealth without the
6 solemnization provided for in Chapter 15 (relating to marriage
7 ceremony) must:
8 (1) Sign a declaration of marriage.
9 (2) Hold themselves out as being married.
10 (3) Be 18 years of age or older.
11 (4) Not be married to any other person.
12 (5) Not be related within the prohibited degrees of
13 consanguinity set forth in section 1304(e) (relating to
14 restrictions on issuance of license).
15 (b) Form.--The declaration of marriage shall be in
16 substantially the following form:
17 We declare under penalty of perjury:
18 (1) We are both 18 years of age or older.
19 (2) We want to be married and we intend to hold
20 ourselves out as being married to each other.
21 (3) We understand that we will be regarded as married
22 under Federal law, the laws of this Commonwealth or any
23 applicable local laws.
24 (4) Neither of us is married to any other individual.
25 (5) Neither of us is related to the other in a manner
26 that would bar us from being married to each other under
27 the laws of this Commonwealth.
28 _________________ _________________
29 (Signature) (Signature)
30 _________________ _________________
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1 (Print Name) (Print Name)
2 _________________ _________________
3 (Date) (Date)
4 (c) Procedure.--A declaration of marriage must be either:
5 (1) signed in the presence of a district justice; or
6 (2) notarized by a notary public and delivered by mail
7 or in person to the appropriate court of common pleas for
8 filing.
9 (d) Filing.--The original declaration of marriage shall be
10 signed by the parties to the marriage and retained by the
11 parties contracting the marriage. A duplicate declaration of
12 marriage shall be signed by the parties to the marriage and
13 recorded by the court in the same manner as a marriage
14 certificate.
15 (e) Marriage license.--The requirement of a marriage license
16 under section 1301 (relating to marriage license required) shall
17 not apply to marriages under this section.
18 (f) Legal effect.--A declaration of marriage under this
19 section shall have the same legal effect as a marriage
20 certificate under Chapter 15.
21 Section 3. This act shall take effect immediately.
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