Tennessee 2023-2024 Regular Session

Tennessee House Bill HB1386

Introduced
1/31/23  
Refer
2/2/23  

Caption

AN ACT to amend Tennessee Code Annotated, Title 8; Title 10; Title 16; Title 36; Title 39; Title 67 and Title 68, relative to marriage.

Impact

The bill impacts state law by establishing clear guidelines for the recognition and documentation of common law marriages, thus enhancing legal conformity and accountability. By requiring couples to formally record their marital contracts at a county clerk's office, the bill aims to simplify legal processes associated with marital rights and benefits, including inheritance and other spousal privileges. This formalization could help protect the rights of spouses under common law, ensuring that such relationships are not dismissed or undermined by ambiguity in the law.

Summary

House Bill 1386, known as the 'Marital Contract at Common Law Recording Act,' aims to formalize the process for recognizing and recording common law marriages in Tennessee. This bill proposes amendments to various sections of the Tennessee Code Annotated, particularly focusing on the recognition of marital contracts at common law between one man and one woman. The legislation reinforces the notion that such relationships exist independently of enacted positive law but are subject to regulations concerning their formal recognition and registration with local authorities.

Contention

Notably, there are points of contention associated with HB1386, particularly concerning its implications for same-sex couples and the broader interpretation of marriage rights. While the bill emphasizes traditional marriage definitions, critics argue that it may inadvertently disadvantage non-traditional family structures by potentially limiting recognition under state law. Additionally, various advocacy groups may express concerns regarding the carve-out protections for common law marriages and how this could affect existing legal frameworks governing marriage and divorce in Tennessee.

Companion Bills

TN SB1110

Crossfiled AN ACT to amend Tennessee Code Annotated, Title 8; Title 10; Title 16; Title 36; Title 39; Title 67 and Title 68, relative to marriage.

Previously Filed As

TN SB1110

AN ACT to amend Tennessee Code Annotated, Title 8; Title 10; Title 16; Title 36; Title 39; Title 67 and Title 68, relative to marriage.

TN HB0315

AN ACT to amend Tennessee Code Annotated, Title 8; Title 10; Title 16; Title 36; Title 39; Title 67 and Title 68, relative to marriage.

TN SB0737

AN ACT to amend Tennessee Code Annotated, Title 8; Title 10; Title 16; Title 36; Title 39; Title 67 and Title 68, relative to marriage.

TN SB2147

AN ACT to amend Tennessee Code Annotated, Title 30; Title 31; Title 32; Title 34; Title 35; Title 36; Title 39 and Title 71, relative to elderly and vulnerable adults.

TN HB2420

AN ACT to amend Tennessee Code Annotated, Title 30; Title 31; Title 32; Title 34; Title 35; Title 36; Title 39 and Title 71, relative to elderly and vulnerable adults.

TN SB1270

AN ACT to amend Tennessee Code Annotated, Title 8; Title 36; Title 49 and Title 67, relative to marriage.

TN HB1515

AN ACT to amend Tennessee Code Annotated, Title 8; Title 36; Title 49 and Title 67, relative to marriage.

TN HB2752

AN ACT to amend Tennessee Code Annotated, Title 8; Title 10; Title 33; Title 36; Title 38; Title 39; Title 40; Title 49; Title 50 and Title 70, relative to firearms.

TN HB0430

AN ACT to amend Tennessee Code Annotated, Title 4; Title 8; Title 10; Title 13; Title 16; Title 29; Title 33; Title 36; Title 37; Title 38; Title 39; Title 40; Title 47; Title 49; Title 50; Title 55; Title 58; Title 65; Title 68 and Title 70, relative to firearms.

TN SB0500

AN ACT to amend Tennessee Code Annotated, Title 4; Title 8; Title 10; Title 13; Title 16; Title 29; Title 33; Title 36; Title 37; Title 38; Title 39; Title 40; Title 47; Title 49; Title 50; Title 55; Title 58; Title 65; Title 68 and Title 70, relative to firearms.

Similar Bills

TN SB1110

AN ACT to amend Tennessee Code Annotated, Title 8; Title 10; Title 16; Title 36; Title 39; Title 67 and Title 68, relative to marriage.

TN SB0273

AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29, Part 2; Section 12-2-112; Title 54 and Title 55, relative to transportation.

TN HB0321

AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29, Part 2; Section 12-2-112; Title 54 and Title 55, relative to transportation.

TN HB0662

AN ACT to amend Tennessee Code Annotated, Title 4; Title 5; Title 6; Title 7 and Title 49, relative to education.

TN HB1892

AN ACT to amend Tennessee Code Annotated, Title 68, Chapter 120; Title 68, Chapter 221 and Title 69, Chapter 3, Part 1, relative to permitting.

TN SB2100

AN ACT to amend Tennessee Code Annotated, Title 68, Chapter 120; Title 68, Chapter 221 and Title 69, Chapter 3, Part 1, relative to permitting.

TN SB0528

AN ACT to amend Tennessee Code Annotated, Title 36; Title 37 and Title 68, Chapter 3, Part 3, relative to children.

TN HB0551

AN ACT to amend Tennessee Code Annotated, Title 36; Title 37 and Title 68, Chapter 3, Part 3, relative to children.