TITLE 32

DOMESTIC RELATIONS

CHAPTER 2

MARRIAGE — NATURE AND VALIDITY OF MARRIAGE CONTRACT

32-201.  What constitutes marriage — No common-law marriage after January 1, 1996. (1) Marriage is a personal relation arising out of a civil contract between a man and a woman, to which the consent of parties capable of making it is necessary. Consent alone will not constitute marriage; it must be followed by the issuance of a license and a solemnization as authorized and provided by law. Marriage created by a mutual assumption of marital rights, duties or obligations shall not be recognized as a lawful marriage.

(2)  The provisions of subsection (1) of this section requiring the issuance of a license and a solemnization shall not invalidate any marriage contract in effect prior to January 1, 1996, created by consenting parties through a mutual assumption of marital rights, duties or obligations.

History:

[(32-201) 1876, p. 24, sec. 1; R.S., sec. 2420; reen. R.C. & C.L., sec. 2611; C.S., sec. 4591; I.C.A., sec. 31-201; am. 1995, ch. 104, sec. 3, p. 335.]