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TN HB1386

TN HB1386
AN ACT to amend Tennessee Code Annotated, Title 8; Title 10; Title 16; Title 36; Title 39; Title 67 and Title 68, relative to marriage.


summary

Introduced
01/31/2023
In Committee
03/19/2024
Crossed Over
Passed
Dead
04/25/2024

Introduced Session

113th General Assembly

Bill Summary

As introduced, enacts the "Marital Contract at Common Law Recording Act"; authorizes county clerks to accept and record a record of common law marriage between one man and one woman; limits the jurisdiction of circuit courts and chancery courts in cases involving the definition of common law marriage to the principles of common law marriage. - Amends TCA Title 8; Title 10; Title 16; Title 36; Title 39; Title 67 and Title 68.

AI Summary

This bill, known as the "Marital Contract at Common Law Recording Act", enacts several key provisions: 1. It authorizes county clerks to accept and record a "Record of Marital Contract at Common Law" between one man and one woman who have attained the age of majority and have a marital contract at common law. The record must include various details about the parties and their intent to enter into a marital contract. 2. It limits the jurisdiction of circuit and chancery courts in cases involving the definition of common law marriage to the principles of common law marriage consistent with the Tennessee Constitution. 3. It requires the Office of Vital Records to develop a standard form for the Record of Marital Contract at Common Law and to register and maintain these records. 4. It establishes procedures for contesting the recording of a Record of Marital Contract at Common Law and for third parties to recognize these records. The bill also makes various amendments to Tennessee statutes related to marriage licenses, fees, and record-keeping to accommodate the new common law marriage recording process.

Committee Categories

Health and Social Services, Justice

Sponsors (3)

Last Action

House Agriculture & Natural Resources Committee Hearing (08:00:00 4/3/2024 House Hearing Room III) (on 04/03/2024)

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