HF 399 (LSB 2275YH (9) 87)

HOUSE FILE 399

BY  KOESTER

A BILL FOR

An Act relating to the validity of common law marriages in the state.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  595.21  Common law marriage —— validity.
   1.  A common law marriage contracted on or after July 1, 2017, is not valid in this state. 
   2.  a.  A valid common law marriage contracted prior to July 1, 2017, that has not been terminated by death, dissolution of marriage, or annulment, is valid on or after July 1, 2017.
   b.  (1)  All of the following requirements must be met for a common law marriage contracted prior to July 1, 2017, to be valid: 
   (a)  The parties to the common law marriage had the capacity to enter into the marriage relationship at the time the parties entered into the marriage relationship.
   (b)  The party asserting the claim shall prove all of the following elements relative to the parties by a preponderance of the evidence:
   (i)  A present intent and mutual agreement of the parties to be married.
   (ii)  Continuous cohabitation of the parties as spouses.
   (iii)  A public declaration or a general and substantial holding out to the public by the parties that the parties are spouses.
   (2)  A specific duration relative to the existence of a common law marriage is not necessary to establish a valid common law marriage.
   (3)  The burden of proof to establish a valid common law marriage is on the party asserting the claim. 
    Sec. 2.  Section 252A.3, subsection 6, Code 2017, is amended to read as follows:
   6.  A child or children born of parents who held or hold themselves out as husband and wife by virtue of a valid common law marriage pursuant to section 595.21 are deemed the legitimate child or children of both parents.
    Sec. 3.  Section 252A.3, subsection 7, paragraph a, unnumbered paragraph 1, Code 2017, is amended to read as follows:
   A child born of parents who at any time prior to the birth of the child held themselves out as spouses by virtue of a valid common law marriage pursuant to section 595.21 is deemed the legitimate child of both parents, if all of the following conditions are met:
    Sec. 4.  Section 252A.3, subsection 8, Code 2017, is amended to read as follows:
   8.  A man or woman who was or is held out as the person’s spouse by a person by virtue of a valid common law marriage pursuant to section 595.21 is deemed the legitimate spouse of such person.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to common law marriage in the state. 
   The bill provides that a common law marriage contracted on or after July 1, 2017, is not valid in this state. However, a valid common law marriage contracted prior to July 1, 2017, that has not been terminated by death, dissolution of marriage, or annulment, is valid on or after July 1, 2017.
   The bill provides that for a common law marriage contracted prior to July 1, 2017, to be valid, the parties to the common law marriage must have had the capacity to enter into the marriage relationship at the time the parties entered into the marriage relationship, and, all of the following elements relative to the parties must be proven by the party asserting the claim by a preponderance of the evidence: a present intent and mutual agreement of the parties to be married; continuous cohabitation of the parties as spouses; and a public declaration or a general and substantial holding out to the public by the parties that the parties are spouses. A valid common law marriage does not require a specific duration, and the burden of proof to establish a valid common law marriage is on the party asserting the claim. 
   The bill also makes conforming changes in the Code to reflect the provisions of the bill relative to Code chapter 252A (support of dependents).