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IN HB1041
Bill
Status
1/5/2016
Primary Sponsor
Jim Lucas
Click for details
AI Summary
HB 1041 Summary
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Eliminates the requirement for marriage licenses and official solemnization of marriages in Indiana, effective July 1, 2016.
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Allows marriage formation through a written marriage contract signed by both parties in the presence of at least two attesting witnesses.
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Marriage contracts must include the names of both parties and witnesses, a statement of voluntary agreement to marry, and witness attestations under penalty of perjury.
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Repeals restrictions on same-sex marriage and updates gender-neutral language throughout marriage statutes while maintaining prohibitions on bigamy and other existing marriage restrictions.
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Marriage contracts can be used as proof of marriage and may include additional terms similar to premarital agreements, though provisions limiting spousal or child support or marriage duration are void.
Legislative Description
Marriage. Eliminates the requirement that: (1) individuals obtain a marriage license before being married; (2) a marriage be solemnized by an individual specified by state law; and (3) a marriage license be filed with a circuit court clerk and the state department of health. Provides for marriage by marriage contract by any two individuals who are competent to contract in Indiana or otherwise permitted to marry in Indiana.
Last Action
First reading: referred to Committee on Judiciary
1/5/2016