MS SB2826

Establishes a "Record of Marital Contract at Common Law" that couples can file with county circuit clerks to document common law marriages between one man and one woman who have both reached age of majority.

Requires the record to include sworn statements that both parties declared acceptance of each other as husband and wife, their intent to marry, dates of birth, location of declaration, absence of legal impediments (incest, prior valid marriage), and that neither party was intoxicated or of unsound mind.

Mandates both parties present government-issued photo identification to the circuit clerk when filing; allows exceptions for incarcerated or unavailable parties who submit notarized witness statements instead.

Specifies that circuit clerks must forward recorded documents to the Department of Health Bureau of Vital Statistics within ten days of each month; makes the record prima facie evidence of common law marriage for purposes of claiming spousal benefits under state or federal law.

Amends existing marriage statutes (Sections 93-1-1 through 93-1-25) to provide that marriage licenses and common law marriage records under this act supersede prior marriage law provisions; effective July 1, 2023.