The bill aims to abolish common-law marriage in Montana, establishing that any common-law marriages contracted on or after the effective date of the act will be considered invalid. It removes the presumption that a man and a woman living together as husband and wife constitutes a lawful marriage. Additionally, the bill provides a framework for validating common-law marriages that were contracted prior to the effective date, requiring proof by a preponderance of evidence.

To facilitate this validation, the bill introduces a requirement for parties to file a written declaration with the clerk of the district court, detailing their names, ages, residence, the date of the common-law marriage, and notarized signatures. The bill also amends existing legal language to reflect these changes, including the removal of the registry for common-law marriages and the transition from validity to invalidity for marriages contracted after the effective date. The act is set to take effect immediately upon passage and approval.

Statutes affected:
SB0488_1.pdf: 26-1-602, 40-1-403
SB0488_2.pdf: 26-1-602, 40-1-403
Amended: 26-1-602, 40-1-403
Introduced: 26-1-602, 40-1-403