HB41 Alabama 2015 2nd Special Session

Under existing law, marriage licenses are issued by the judge of probate

This bill would provide that judges of probate would no longer issue marriage licenses upon proof of eligibility for marriage, but instead, will be statutorily required to receive and record civil contracts of marriage presented by parties to the civil contract

This bill would require the judge of probate to transmit a copy of each civil contract filed with the judge of probate during the preceding calendar month to the Office of Vital Statistics on or before the fifth day of the following calendar month

This bill would remove the requirement of marriage licenses

This bill would provide that parties desiring to enter a marital union may enter a civil contract for marriage to be known as a civil contract

This bill would provide that it shall be the responsibility of the parties to the contract for marriage to record the civil contract with the judge of probate as evidence of their marital union. The bill would specify that the judge of probate would have no authority or responsibility to make determinations of the eligibility of the parties to the contract for marriage, other than age determination, which shall be proved by submission of a consent form by the parents or guardians of a minor to the marriage contract

This bill would provide that a religious, civil, or independent ceremony of marriage, or other officiation, or administration of the vows, may, but need not be, conducted or engaged in by the parties to the civil contract as a condition of the contract of marriage

This bill would provide that the state shall have no role in the independent or religious ceremony of marriage

To amend Sections 22-9A-17, 30-1-5, 30-1-12, 30-1-13, and 30-1-16 of the Code of Alabama 1975, to abolish the requirement that a marriage license be issued by the judge of probate and replace existing state statutory marriage law with a statutory contract for marriage; to provide that a marriage would be entered into by contract; to provide that the judge of probate would record each contract of marriage presented to the probate court for recording and would forward the contract to the Office of Vital Statistics; to provide for the content of a properly executed contract of marriage; to confirm the continued existence of common law marriage in Alabama; and to repeal Sections 30-1-9, 30-1-10, 30-1-11, and 30-1-14 of the Code of Alabama 1975.