SB377 Alabama 2015 Session

Under existing law, the judge of probate issues marriage licenses upon proof that the parties are eligible to marry and, if either party is not of age, the proper consent has been obtained from a parent or guardian. Also under existing law, the judge of probate collects fees for each license issued; the license is valid for 30 days; the parties to the marriage must have a marriage ceremony performed or the marriage solemnized by a religious official or other official authorized by law to solemnize marriages, and the official solemnizing the marriage must return the completed license form indicating that the ceremony was performed and the date it was performed to the judge of probate within the 30-day period for recording; and the judge of probate is required to forward the completed license to the Office of Vital Statistics

This bill would abolish the requirement to obtain a marriage license from the judge of probate

This bill would provide that marriage would be entered into by simple contract, would specify the information required to be included in the contract of marriage, would specify that each party entering into a contract of marriage would submit a properly executed contract to the judge of probate for recording, and would require the judge of probate to forward a copy of the contract of marriage to the Office of Vital Statistics This bill would also authorize the judge of probate to collect a fee for recording the contract of marriage. This bill would provide that the fee currently collected by the judge of probate and paid to the district attorney upon issuance would be paid when the marriage contract is presented for recording

This bill would provide for an additional fee to be paid to the General Fund

To amend Sections 12-19-90, 22-9A-17, 30-1-5, 30-1-12, 30-1-13, 30-1-14, 30-1-16, and 30-6-11 of the Code of Alabama 1975, to abolish the requirement that a marriage license be issued by the judge of probate; 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 office 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 provide fees for recording; and to repeal Sections 30-1-9, 30-1-10, and 30-1-11 of the Code of Alabama 1975.