Session of 2000
HOUSE BILL No. 2876
By Representatives Aday, Compton, Dahl, Freeborn,
Glasscock, Horst,
P. Long, Mason, Mayans, McCreary, Mollenkamp, O'Connor,
Os-
borne,
Powers, Toplikar, Vickrey, Vining, Wagle, and Wilk
2-7
13 AN ACT
concerning marriage; relating to common-law marriages;
14 amending K.S.A. 1999
Supp. 23-101 and repealing the existing section.
15
16 Be it enacted by the Legislature of the
State of Kansas:
17 Section
1. K.S.A. 1999 Supp. 23-101 is hereby amended to read as
18 follows: 23-101. (a) The marriage
contract is to be considered in law as a
19 civil contract between two parties who are
of opposite sex. All other mar-
20 riages are declared to be contrary to the
public policy of this state and
21 are void. The consent of the parties is
essential. The marriage ceremony
22 may be regarded either as a civil ceremony
or as a religious sacrament,
23 but the marriage relation shall only be
entered into, maintained or ab-
24 rogated as provided by law.
25 (b) Except as
provided further, the state of Kansas shall recognize a
26 common-law marriage contract between two
parties who are of opposite
27 sex only if both parties to the marriage
contract are 18 years of age or
28 older. The state of Kansas may recognize
a common-law marriage contract
29 between two parties who are of opposite
sex if a party to the marriage
30 contract is under 18 years of age with
the express consent of such party's
31 father, mother or legal guardian or the
consent of a judge.
32 Sec. 2. K.S.A. 1999 Supp. 23-101
is hereby repealed.
33 Sec. 3. This act shall
take effect and be in force from and after its
34 publication in the statute book.