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PART II

MARRIAGE

 

Chapter

  11.  Preliminary Provisions

  13.  Marriage License

  15.  Marriage Ceremony

  17.  Miscellaneous Provisions Relating to Marriage

19.  Abolition of Actions for Alienation of Affections and Breach of Promise to Marry

 

Enactment.  Part II was added December 19, 1990, P.L.1240, No.206, effective in 90 days.

1998 Partial Repeal.  Section 13 of Act 127 of 1998 provided that Part II is repealed insofar as it is inconsistent with Act 127.

 

 

CHAPTER 11

PRELIMINARY PROVISIONS

 

Sec.

1101.  Short title of part.

1102.  Definitions.

1103.  Common-law marriage.

1104.  Forms.

1105.  Fees.

1106.  Records and statistics.

 

Enactment.  Chapter 11 was added December 19, 1990, P.L.1240, No.206, effective in 90 days.

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§ 1101.  Short title of part.

This part shall be known and may be cited as the Marriage Law.

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§ 1102.  Definitions.

The following words and phrases when used in this part shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Department."  The Department of Health of the Commonwealth.

"Marriage."  A civil contract by which one man and one woman take each other for husband and wife.

"Marriage license" or "license."  A license to marry issued under this part.

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(Oct. 16, 1996, P.L.706, No.124, eff. 60 days)

 

1996 Amendment.  Act 124 added the def. of "marriage."

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§ 1103.  Common-law marriage.

No common-law marriage contracted after January 1, 2005, shall be valid. Nothing in this part shall be deemed or taken to render any common-law marriage otherwise lawful and contracted on or before January 1, 2005, invalid.

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(Nov. 23, 2004, P.L.954, No.144, eff. 60 days)

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§ 1104.  Forms.

Marriage license applications, consent certificates, marriage licenses and other necessary forms shall be supplied at the expense of the county and shall be uniform throughout this Commonwealth as prescribed by the department. Statements of physicians and laboratories relative to examinations for syphilis shall be prepared and furnished by the department.

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§ 1105.  Fees.

(a)  General rule.--The fee to be charged for issuing a marriage license or declaration and for returns thereof to the department shall be $3 of which $2.50 shall be retained by the county wherein the license is issued and 50¢ shall be remitted to the Commonwealth.

(b)  Transmitting Commonwealth moneys.--All moneys collected under this section for the Commonwealth shall be transmitted to the State Treasurer no later than the tenth day of the following month.

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Fees.  Section 19 of the Marriage Law from which this section was derived was repealed December 19, 1990, P.L.1240, No.206, and amended December 20, 1990, P.L.1471, No.222, and that section remains effective under 1 Pa.C.S. § 1952 (relating to effect of separate amendments on code provisions enacted by same General Assembly) as a result of the 1990 amendment.

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§ 1106.  Records and statistics.

(a)  Filing transcript or record.--The county shall furnish the department, not later than the 15th day of each month, with a transcript or record of each marriage license issued and each return of the celebration of a marriage received or filed during the preceding calendar month.

(b)  Forms.--The transcripts or records required to be furnished shall be made on forms prepared and furnished by the department and shall contain such information as the department may require.

(c)  Confidentiality.--The records furnished to the department under this section shall not be open to public inspection except as authorized by the regulations of the Advisory Health Board.

(d)  Statistics.--The department shall from time to time compile and publish statistics derived from records furnished under this section.