Pennsylvania Act 2004-144 — DOMESTIC RELATIONS (23 PA.C.S.) - ABOLISHING COMMON-LAW MARRIAGE AND PROVIDING FOR WAITING PERIOD AFTER APPLICATION FOR MARRIAGE LICENSE

Act text

DOMESTIC RELATIONS (23 PA.C.S.) - ABOLISHING COMMON-LAW MARRIAGE AND
   PROVIDING FOR WAITING PERIOD AFTER APPLICATION FOR MARRIAGE LICENSE
                 Act of Nov. 23, 2004, P.L. 954, No. 144              Cl. 23
                             Session of 2004
                               No. 2004-144

     HB 2719

                                  AN ACT

     Amending Title 23 (Domestic Relations) of the Pennsylvania
        Consolidated Statutes, abolishing common-law marriage; and
        further providing for waiting period after application for
        marriage license.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Sections 1103 and 1303 of Title 23 of the
     Pennsylvania Consolidated Statutes are amended to read:
      § 1103.  Common-law marriage.
        [This part shall not be construed to change the existing law
     with regard to 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.
      § 1303.  Waiting period after application.
        (a)  General rule.--No marriage license shall be issued prior
     to the third day following the making of application therefor.
        (b)  [Exception.--In case of emergency or extraordinary
     circumstances, the] Exceptions.--The court may authorize a
     license to be issued at any time after the making of the
     application[.] in the following cases:
            (1)  In case of emergency or extraordinary circumstances.
            (2)  If an applicant is a member of the Pennsylvania
        National Guard or other reserve component of the armed forces
        of the United States and is called or ordered to active duty
        with the armed forces of the United States.
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 23rd day of November, A. D. 2004.

     EDWARD G. RENDELL