Mont. code Ann. 40-1-403 Validity of common-law marriage PDF

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Legal writing homework assignment for working with rule applications. First semester law school great to use for the beginning of legal writing....

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Howell, Larry 10/29/2020 For Educational Use Only

40-1-403. Validity of common-law marriage, MT ST 40-1-403

West’s Montana Code Annotated Title 40. Family Law Chapter 1. Marriage (Refs & Annos) Part 4. Validity of Marriages--Declaration of Invalidity MCA 40-1-403 40-1-403. Validity of common-law marriage Currentness

Common-law marriages are not invalidated by this chapter. Declarations of marriage pursuant to 40-1-311 through 40-1-313, 40-1-323, and 40-1-324 are not invalidated by this chapter.

Credits Enacted 48-314 by Laws 1975, ch. 536, § 14; Revised Code of Montana 1947, 48-314. Editors’ Notes COMMISSIONERS’ NOTE

These alternatives [of invalidity or permitting common law marriage] are presented because the line of cleavage in the states, between those which consider the common law marriage to be a highly useful social institution and those which insist that all marriages de jure should be contracted in accordance with prescribed statutory formalities, proved impossible to erase. In view of this basic conflict as to policy, the Conference concluded that there was no hope of achieving uniformity of enactment, no matter which rule was adopted. Accordingly, the alternative versions of this section permit each state to make its decision in accordance with its own view as to policy, and to change its law at any time desired without destroying the effect of its adoption of the Uniform Act. Alternative A would preserve common law marriage in the form it has already taken by judicial decision. Alternative B would make clear that common law marriages contracted in the adopting state in the future are not to be recognized. The alternatives are a signal to the state legislatures that this issue should be re-examined even if the state is one of those which has already abolished common law marriag e.

Notes of Decisions (66)

MCA 40-1-403, MT ST 40-1-403 Current through the 2019 Session. Statutory changes are subject to classification and revision by the Code Commissioner. © 2020 Thomson Reuters. No claim to original U.S. Government Works.

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Howell, Larry 10/29/2020 For Educational Use Only

40-1-403. Validity of common-law marriage, MT ST 40-1-403

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© 2020 Thomson Reuters. No claim to original U.S. Government Works.

© 2020 Thomson Reuters. No claim to original U.S. Government Works.

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