No common-law marriage shall be entered into in this state on or after January 1, 1997. Otherwise valid common-law marriages entered into prior to January 1, 1997, shall not be affected by this Code section and shall continue to be recognized in this state.
History. Code 1981, § 19-3-1.1 , enacted by Ga. L. 1996, p. 1414, § 1.
Editor’s notes.
Ga. L. 1996, p. 1414, § 2, not codified by the General Assembly, provides: “The Department of Human Resources is authorized and directed to implement a state-wide education program through the broadcast and print media to inform state residents regarding the Code section enacted by this Act and the elements of a valid common-law marriage.”
Law reviews.
For annual survey article discussing wills, trusts and administration of estates, see 52 Mercer L. Rev. 481 (2000).
For article, “Marriage, Death and Taxes: The Estate Planning Impact of Windsor and Obergefell on Georgia’s Same Sex Spouses,” see 21 Ga. St. Bar. J. 9 (Oct. 2015).
For article, “Cohabitation Worldwide Today,” see 35 Ga. St. U.L. Rev. 299 (2019).
Structure Georgia Code
Chapter 3 - Marriage Generally
Article 1 - General Provisions
§ 19-3-1. Prerequisites to Valid Marriage
§ 19-3-1.1. Common-Law Marriage; Effectiveness
§ 19-3-2. Who May Contract Marriage; Emancipation Requirement; Minimum Age for Marriage
§ 19-3-3.1. Marriages Between Persons of Same Sex Prohibited; Marriages Not Recognized
§ 19-3-4. Nature of Consent Required
§ 19-3-5. What Marriages Void; Legitimacy of Issue; Effect of Later Ratification
§ 19-3-6. Effect of Restraints on Marriage; When Valid
§ 19-3-7. Contracts Attempting to Force Marriage Void
§ 19-3-8. Interspousal Tort Immunity Continued
§ 19-3-9. Each Spouse’s Property Separate
§ 19-3-10. Right of Married Persons to Contract; Presumptions