Georgia Commons

Title 19. DOMESTIC RELATIONS

Chapter 3. MARRIAGE GENERALLY

43 sections · 19-3-1 to 19-3-66

Article 1. GENERAL PROVISIONS

  1. 19-3-1Prerequisites to valid marriage.
  2. 19-3-1.1Common-law marriage; effectiveness.
  3. 19-3-2Who may contract marriage; emancipation requirement; minimum age for marriage.
  4. 19-3-3Degrees of relationship within which intermarriage prohibited; penalty; effect of prohibited marriage.
  5. 19-3-3.1Marriages between persons of same sex prohibited; marriages not recognized.
  6. 19-3-4Nature of consent required.
  7. 19-3-5What marriages void; legitimacy of issue; effect of later ratification.
  8. 19-3-6Effect of restraints on marriage; when valid.
  9. 19-3-7Contracts attempting to force marriage void.
  10. 19-3-8Interspousal tort immunity continued.
  11. 19-3-9Each spouse’s property separate.
  12. 19-3-10Right of married persons to contract; presumptions.

Article 2. LICENSE AND CEREMONY

  1. 19-3-30Issuance, return, and recording of license.
  2. 19-3-30.1Premarital education; fees; special requirements if marriage applicant is 17 years old.
  3. 19-3-31Issuance of licenses at satellite courthouses in certain counties.
  4. 19-3-32Penalty for improper issuance of license.
  5. 19-3-33Application for marriage license; contents; supplement marriage report.
  6. 19-3-33.1Use of surname in application for marriage license.
  7. 19-3-34Marriage application to be filed; use as evidence; transmission to the state registrar.
  8. 19-3-35Issuance of license to applicants otherwise eligible.
  9. 19-3-35.1AIDS brochures; listing of HIV test sites; acknowledgment of receipt.
  10. 19-3-36Proof of age of applicants.
  11. 19-3-37Parental consent to marriage of underage applicants; when necessary; how obtained.Reserved
  12. 19-3-38Notification of parents of underage applicants; additional fee.Reserved
  13. 19-3-39Certification and recordation of marriage after publication of banns.
  14. 19-3-40Blood test for sickle cell disease; information to be provided.
  15. 19-3-41Department of Public Health marriage manual; distribution; rules and regulations.
  16. 19-3-41.1Fact sheet for distribution by premarital education providers; requirements.
  17. 19-3-42Effect on marriage due to the lack of authority in person officiating.
  18. 19-3-43Marriage in another state; effect in this state.
  19. 19-3-44Return of license to parties.
  20. 19-3-45Actions for improper issuance of marriage license; attorney’s fee and court costs; disposition of balance of recovery.
  21. 19-3-46Forfeiture for officiating at marriage without license or banns.
  22. 19-3-47Penalty for filing false information in application for license.
  23. 19-3-48Penalty for officiating at illegal marriage ceremony.
  24. 19-3-49Acceptance by judges of tips, consideration, or gratuities.

Article 3. ANTENUPTIAL AGREEMENTS, MARRIAGE CONTRACTS, AND POSTNUPTIAL SETTLEMENTS

  1. 19-3-60Definition; marriage as valuable consideration.
  2. 19-3-61Effect of minority of party.
  3. 19-3-62Requirements and construction of antenuptial agreements.
  4. 19-3-63Construction of marriage contract; attestation.
  5. 19-3-64Voluntary execution of antenuptial agreement; conveyance of property during marriage.
  6. 19-3-65Powers of superior court judge in appointing and removing trustees and protecting trust estate.
  7. 19-3-66Enforcement of marriage contracts, postnuptial settlements, and antenuptial agreements.