PRINTER'S NO. 3125

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No. 2271 Session of 2002

        INTRODUCED BY WILT, BASTIAN, BENNINGHOFF, CAPPELLI, CLYMER,
           COLEMAN, HALUSKA, HERSHEY, SEMMEL, SHANER, STABACK, STEELMAN,
           STERN, R. STEVENSON, THOMAS, WATSON AND EGOLF,
           JANUARY 14, 2002

        REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 14, 2002

                                     AN ACT

     1  Amending Title 23 (Domestic Relations) of the Pennsylvania
     2     Consolidated Statutes, further providing for common-law
     3     marriage.

     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 a section to read:
    12  § 1705.  Abolition of common-law marriage.
    13     (a)  General rule.--Except as provided in subsection (b),
    14  common-law marriage is prohibited in this Commonwealth, and the
    15  marriage of a man and woman may occur in this Commonwealth only
    16  if the marriage is solemnized by a person described in section
    17  1503 (relating to persons qualified to solemnize marriages) and

     1  the marriage otherwise is in compliance with this part.
     2     (b)  Exceptions.--A common-law marriage that satisfies either
     3  of the following remains valid on and after the effective date
     4  of this section:
     5         (1)  the common-law marriage originated in this
     6     Commonwealth prior to the effective date of this section and
     7     has not been terminated by death, divorce, dissolution of
     8     marriage or annulment; or
     9         (2)  (i)  the common-law marriage originated in another
    10         state or nation that recognizes the validity of common-
    11         law marriages, and the common-law marriage is in
    12         accordance with all relevant aspects of the law of that
    13         state or nation; and
    14             (ii)  the common-law marriage has not been terminated
    15         by death, divorce, dissolution of marriage, annulment or
    16         other judicial determination in this Commonwealth or
    17         another state or nation.
    18     Section 3.  This act shall take effect in 60 days.








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