Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1724

Introduced
2/7/22  

Caption

Marriage; prohibiting the recognition of common- law marriage. Effective date.

Impact

The implications of this bill are considerable, as it potentially affects the marital status of numerous individuals who have historically relied on common-law marriage as a valid form of partnership. By ceasing to recognize common-law marriages, the bill alters the landscape of family law in Oklahoma, aligning it more closely with states that do not allow common-law marriage. This could lead to confusion for individuals previously relying on the informality of common-law marriage and might affect legal matters such as inheritance rights, spousal benefits, and child custody issues.

Summary

Senate Bill 1724 seeks to eliminate the legal recognition of common-law marriages in Oklahoma, a significant shift in the state's approach to marital status. The bill proposes that effective November 1, 2022, no common-law marriages will be recognized as valid forms of marriage, regardless of whether they were established in Oklahoma or any other state. However, it makes an exception for those common-law marriages that were recognized by the courts prior to this effective date; these will continue to be valid in Oklahoma. This change marks a departure from the existing legal framework that allowed for such recognitions under certain circumstances.

Contention

While the bill aims to provide clarity in marital law, there are notable points of contention surrounding its passage. Proponents argue that it simplifies marriage laws and protects the institution of marriage by ensuring all recognized marriages adhere to formal legal standards. Conversely, opponents may contend that this move undermines personal freedoms and the autonomy of individuals to define their own relationships. There could be pushback from advocacy groups who believe that some residents rely heavily on common-law marriage for legal recognition and benefits, and thus view the bill as a limitation of their rights.

Companion Bills

No companion bills found.

Previously Filed As

OK SB702

Marriage; prohibiting the recognition of common-law marriage in this state; providing exception. Effective date.

OK SB702

Marriage; prohibiting the recognition of common-law marriage in this state; providing exception. Effective date.

OK HB1668

Marriages; providing for covenant marriages; effective date.

OK HB3974

Marriage; modifying procedures for certain minor marriage license applicants; prohibiting marriages for persons under a certain age; effective date.

OK HB3472

Marriage and family; marriages; exception; requirement; effective date.

OK H7900

Solemnization Of Marriages--common Law Marriage

OK HB3075

Marriage; marriage licenses and certificates; modifying timing for completion of marriage ceremony and return of certain documents; effective date.

OK HB4240

Marriage and families; Marriage Act of 2022; effective date.

OK HB2205

Marriage; ceremonies; effective date.

OK HB1874

Marriage; Marriage and Families Act of 2023; effective date.

Similar Bills

No similar bills found.