HB331 Alabama 2016 Session

Existing case law recognizes common law marriages in this state if the parties have capacity, the present intent to enter into a permanent marriage, and there is public recognition of the marriage.

This bill would provide two methods of proving the existence of a common law marriage.

This bill would codify the elements required by case law to establish the existence of a common law marriage-capacity and would specify that the parties could prove the existence of a common law marriage by proving the existence of each element by clear and convincing evidence.

This bill would also provide that the parties to a common law marriage could prove the marriage by filing a properly executed declaration of common law marriage in the probate office. This bill would establish the required contents of the declaration. This bill would provide that a properly executed declaration is prima facie evidence of the marriage of the parties.

The bill would create a rebuttable presumption that the parties entered into an agreement to be married if both parties have asserted that they are married in certain enumerated legal documents, such as income tax forms.

This bill would prohibit a person under the age of 19 years from entering into a common law marriage which differs from existing case law.

This bill would specify that a declaration of common law marriage can only be filed by residents of Alabama in the probate office of their county of residence, and both parties must be present to file the document and show proof of their age and identity.

Relating to common law marriage; to provide a procedure for proving a common law marriage; to provide for proof of a common law marriage by filing a declaration of common law marriage; to provide for the content of the declaration; to create a rebuttable presumption that the parties entered into an agreement to be married if both parties have asserted that they are married in certain enumerated legal documents, such as income tax forms; to prohibit a person under the age of 19 years from entering into a common law marriage which differs from existing case law; and to specify that a declaration of common law marriage can only be filed by residents of Alabama in the probate office of their county of residence, and both parties must be present to file the document and show proof of their age and identity.