PRIOR PRINTER'S NO. 14 PRINTER'S NO. 1017
No. 8 Session of 1983
INTRODUCED BY DOMBROWSKI, CAPPABIANCA, BOWSER, BOYES AND MERRY,
JANUARY 24, 1983
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 2, 1983
AN ACT
1 Amending the act of August 22, 1953 (P.L.1344, No.383), entitled <--
2 "An act relating to marriage; and amending, revising,
3 consolidating and changing the law relating thereto," fixing
4 a legal age for common law marriage.
5 AMENDING THE ACT OF APRIL 2, 1980 (P.L.63, NO.26), ENTITLED "AN <--
6 ACT CONSOLIDATING, REVISING AND AMENDING THE DIVORCE AND
7 ANNULMENT LAWS OF THE COMMONWEALTH AND MAKING CERTAIN
8 REPEALS," FURTHER PROVIDING FOR GROUNDS FOR ANNULMENT OF
9 VOIDABLE MARRIAGES.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 23 of the act of August 22, 1953 <--
13 (P.L.1344, No.383), known as The Marriage Law, is amended to
14 read:
15 Section 23. Common Law Marriage.--Nothing herein contained
16 shall be construed to change the existing law with regard to
17 common law marriage, except with regard to the age of the
18 parties. A common law marriage hereafter entered into when
19 either of the parties is under sixteen years of age is void.
20 Section 2. This act shall take effect immediately.
1 SECTION 1. SECTION 205 OF THE ACT OF APRIL 2, 1980 (P.L.63, <--
2 NO.26), KNOWN AS THE DIVORCE CODE, IS AMENDED TO READ:
3 SECTION 205. GROUNDS FOR ANNULMENT OF VOIDABLE MARRIAGES.
4 (A) THE MARRIAGE OF ANY PERSON SHALL BE DEEMED VOIDABLE AND
5 SUBJECT TO ANNULMENT IN THE FOLLOWING CASES:
6 (1) WHERE EITHER PARTY TO SUCH MARRIAGE WAS UNDER 16
7 YEARS OF AGE, UNLESS SUCH MARRIAGE WAS EXPRESSLY AUTHORIZED
8 BY A JUDGE OF THE COURT.
9 (2) WHERE EITHER PARTY WAS 16 OR 17 YEARS OF AGE AND
10 LACKED THE CONSENT OF PARENT OR GUARDIAN OR EXPRESS
11 AUTHORIZATION OF THE COURT AND HAS NOT SUBSEQUENTLY RATIFIED
12 SUCH MARRIAGE UPON REACHING THE AGE OF 18 AND SUCH PROCEEDING
13 FOR ANNULMENT IS COMMENCED WITHIN 60 DAYS AFTER THE MARRIAGE
14 CEREMONY.
15 (3) WHERE EITHER PARTY TO SUCH MARRIAGE WAS UNDER THE
16 INFLUENCE OF INTOXICATING LIQUOR OR DRUGS AND A PROCEEDING
17 FOR ANNULMENT HAS BEEN FILED WITHIN 60 DAYS AFTER THE
18 MARRIAGE CEREMONY.
19 (4) WHERE EITHER PARTY TO SUCH MARRIAGE STILL IS AND WAS
20 NATURALLY AND INCURABLY IMPOTENT AT THE TIME OF SUCH
21 MARRIAGE, UNLESS THE CONDITION WAS KNOWN TO THE OTHER PARTY
22 PRIOR TO THE MARRIAGE.
23 (5) WHERE ONE PARTY WAS INDUCED TO ENTER INTO SUCH
24 MARRIAGE DUE TO THE FRAUD, DURESS, COERCION, OR FORCE
25 ATTRIBUTABLE TO THE OTHER PARTY, AND THERE HAS BEEN NO
26 SUBSEQUENT VOLUNTARY COHABITATION AFTER KNOWLEDGE OF SUCH
27 FRAUD OR RELEASE FROM THE EFFECTS OF FRAUD, DURESS, COERCION,
28 OR FORCES.
29 (6) WHERE EITHER PARTY TO A COMMON LAW MARRIAGE
30 HEREAFTER ENTERED INTO IS UNDER 18 YEARS OF AGE.
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1 (B) IN ALL SUCH CASES OF MARRIAGES WHICH ARE VOIDABLE,
2 EITHER PARTY THERETO MAY SEEK AND OBTAIN AN ANNULMENT OF SUCH
3 MARRIAGE, BUT UNLESS AND UNTIL SUCH DECREE IS OBTAINED FROM A
4 COURT OF COMPETENT JURISDICTION, SUCH MARRIAGE SHALL BE VALID
5 AND SUBSISTING. THE VALIDITY OF SUCH A VOIDABLE MARRIAGE SHALL
6 NOT BE SUBJECT TO ATTACK OR QUESTION BY ANY PERSON IF IT IS
7 SUBSEQUENTLY CONFIRMED BY THE PARTIES THERETO OR IF EITHER PARTY
8 HAS DIED.
9 (C) A MARRIAGE WHICH IS VOIDABLE UNDER SUBSECTION (A)(6),
10 WHERE NEITHER MINOR SPOUSE HAS ATTAINED THE AGE OF 18, MAY BE
11 DECLARED INVALID IN A PROCEEDING FOR ANNULMENT BROUGHT BY THE
12 PARENT OR GUARDIAN OF EITHER MINOR SPOUSE.
13 SECTION 2. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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