1     
COMMON LAW MARRIAGE AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jordan D. Teuscher

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Senate Sponsor: Todd D. Weiler

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7     LONG TITLE
8     General Description:
9          This bill amends provisions regarding an unsolemnized marriage.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends provisions regarding the requirements for validating an unsolemnized
13     marriage; and
14          ▸     makes technical and conforming changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          30-1-4.5, as last amended by Laws of Utah 2011, Chapter 297
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 30-1-4.5 is amended to read:
25          30-1-4.5. Validity of marriage not solemnized.
26          (1) A marriage which is not solemnized according to this chapter shall be legal and
27     valid if a court or administrative order establishes that [it] the marriage arises out of a contract
28     between a man and a woman who:
29          (a) are of legal age and capable of giving consent;

30          (b) are legally capable of entering a solemnized marriage under the provisions of this
31     chapter;
32          (c) have cohabited;
33          (d) mutually assume marital rights, duties, and obligations; and
34          (e) who hold themselves out as and have acquired a uniform and general reputation as
35     husband and wife.
36          (2) (a) [The determination or establishment of a marriage under this section shall
37     occur] A petition for an unsolemnized marriage shall be filed during the relationship described
38     in Subsection (1), or within one year following the termination of that relationship.
39          (b) Evidence of a marriage recognizable under this section may be manifested in any
40     form, and may be proved under the same general rules of evidence as facts in other cases.