23 Pa.C.S. § 101
Short title of title
This title shall be known and may be cited as the Domestic Relations Code.
Pennsylvania Consolidated Statutes Title 23 — DOMESTIC RELATIONS
Pennsylvania · statute · 23 Pa.C.S. · 552 active provisions
23 Pa.C.S. § 102
Definitions
(a) General rule.--Subject to additional definitions contained in subsequent provisions of this title which are applicable to specific provisions of this title, the following words and phrases when used in this title shall have the meanings given to them in this subsection unless the context clearly indicates otherwise…
23 Pa.C.S. § 1101
Short title of part
This part shall be known and may be cited as the Marriage Law.
23 Pa.C.S. § 1102
Definitions
The following words and phrases when used in this part shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Department." The Department of Health of the Commonwealth. "Marriage." A civil contract by which one man and one woman take each other for husband and wife. "Marr…
23 Pa.C.S. § 1103
Common-law marriage
No common-law marriage contracted after January 1, 2005, shall be valid. Nothing in this part shall be deemed or taken to render any common-law marriage otherwise lawful and contracted on or before January 1, 2005, invalid.
23 Pa.C.S. § 1104
Forms
Marriage license applications, consent certificates, marriage licenses and other necessary forms shall be supplied at the expense of the county and shall be uniform throughout this Commonwealth as prescribed by the department. Statements of physicians and laboratories relative to examinations for syphilis shall be prep…
23 Pa.C.S. § 1105
Fees
(a) General rule.--The fee to be charged for issuing a marriage license or declaration and for returns thereof to the department shall be $3 of which $2.50 shall be retained by the county wherein the license is issued and 50¢ shall be remitted to the Commonwealth. (b) Transmitting Commonwealth moneys.--All moneys colle…
23 Pa.C.S. § 1106
Records and statistics
(a) Filing transcript or record.--The county shall furnish the department, not later than the 15th day of each month, with a transcript or record of each marriage license issued and each return of the celebration of a marriage received or filed during the preceding calendar month. (b) Forms.--The transcripts or records…
23 Pa.C.S. § 1301
Marriage license required
(a) General rule.--No person shall be joined in marriage in this Commonwealth until a marriage license has been obtained. (b) Place of marriage ceremony.--A license issued under this part shall authorize a marriage ceremony to be performed in any county of this Commonwealth. (c) Identity of applicants.--Prior to issuan…
23 Pa.C.S. § 1302
Application for license
(a) General rule.--No marriage license shall be issued except upon written and verified application made by both of the parties intending to marry. (b) Contents.--The application shall contain the following: (1) The full name of the applicants. (2) The occupation, birthplace, residence and age of the applicants. An app…
23 Pa.C.S. § 1303
Waiting period after application
(a) General rule.--No marriage license shall be issued prior to the third day following the making of application therefor. (b) Exceptions.--The court may authorize a license to be issued at any time after the making of the application in the following cases: (1) In case of emergency or extraordinary circumstances. (2)…
23 Pa.C.S. § 1304
Restrictions on issuance of license
(a) Examinations and tests for syphilis.--(Repealed). (b) Minors.-- (1) No marriage license may be issued if either of the applicants for a license is under 18 years of age. (2) (Deleted by amendment). (c) Incompetent persons.--No marriage license may be issued if either of the applicants for a license is weak minded,…
23 Pa.C.S. § 1306
Oral examination
(a) General rule.--Each of the applicants for a marriage license shall appear in person and shall be examined under oath or affirmation as to: (1) The legality of the contemplated marriage. (2) Any prior marriage or marriages and its or their dissolution. (3) The restrictions set forth in section 1304 (relating to rest…
23 Pa.C.S. § 1307
Issuance of license
The marriage license shall be issued if it appears from properly completed applications on behalf of each of the parties to the proposed marriage that there is no legal objection to the marriage. Except as provided by section 1303(b) (relating to waiting period after application), the license shall not be issued prior…
23 Pa.C.S. § 1308
Judicial review of refusal to issue license
(a) Certifying proceedings to court.--If the issuance of a marriage license is refused, upon request of the applicants, the proceedings shall immediately be certified to the court without formality or expense to the applicants. (b) Prompt hearing.--The application for a marriage license shall be heard by a judge of the…
23 Pa.C.S. § 1309
Filing applications and consent certificates
The applications for marriage licenses and consent certificates shall be immediately filed and docketed as public records.
23 Pa.C.S. § 1310
Duration and form of license
The marriage license shall not be valid for a longer period than 60 days from the date of issue and shall be in substantially the following form: Commonwealth of Pennsylvania ss: No. County of (name) To any person authorized by law to solemnize marriage: You are hereby authorized to join together in holy state of mat…
23 Pa.C.S. § 1501
Form of marriage certificates
The marriage license shall have appended to it two certificates, numbered to correspond with the license (one marked original and one marked duplicate), which shall be in substantially the following form: I hereby certify that on (date), at (city, borough or town), Pennsylvania, (name) and (name) were by me united in m…
23 Pa.C.S. § 1502
Forms where parties perform ceremony
(a) Declaration of authorization.--In all cases in which the parties intend to solemnize their marriage by religious ceremony without officiating clergy, the marriage shall not take place until their right so to do is certified in a declaration in substantially the following form: Commonwealth of Pennsylvania ss: No. …
23 Pa.C.S. § 1503
Persons qualified to solemnize marriages
(a) General rule.--The following are authorized to solemnize marriages between persons that produce a marriage license issued under this part: (1) A justice, judge or magisterial district judge of this Commonwealth. (2) A former or retired justice, judge or magisterial district judge of this Commonwealth who is serving…
23 Pa.C.S. § 1504
Returns of marriages
(a) General rule.--The original marriage certificate shall be signed by the person solemnizing the marriage and given to the parties contracting the marriage. The duplicate certificate shall be signed by the person or by a member of the religious society, institution or organization solemnizing the marriage and returne…
23 Pa.C.S. § 1701
Decree that spouse of applicant is presumed decedent
(a) Finding of death.--When the spouse of an applicant for a marriage license has disappeared or is absent from the place of residence of the spouse without being heard of after diligent inquiry, the court, aided by the report of a master if necessary, upon petition of the applicant for a marriage license, may make a f…
23 Pa.C.S. § 1702
Marriage during existence of former marriage
(a) General rule.--If a married person, during the lifetime of the other person with whom the marriage is in force, enters into a subsequent marriage pursuant to the requirements of this part and the parties to the marriage live together thereafter as husband and wife, and the subsequent marriage was entered into by on…
23 Pa.C.S. § 1703
Marriage within degree of consanguinity
All marriages within the prohibited degrees of consanguinity as set forth in this part are voidable, but, when any of these marriages have not been dissolved during the lifetime of the parties, the unlawfulness of the marriage shall not be inquired into after the death of either of the parties to the marriage.
23 Pa.C.S. § 1704
Marriage between persons of the same sex
It is hereby declared to be the strong and longstanding public policy of this Commonwealth that marriage shall be between one man and one woman. A marriage between persons of the same sex which was entered into in another state or foreign jurisdiction, even if valid where entered into, shall be void in this Commonwealt…
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