HOUSE OF REPRESENTATIVES

H.B. NO.

2668

TWENTY-SEVENTH LEGISLATURE, 2014

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to termination of prior unions.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. Section 572-1, Hawaii Revised Statutes, is amended to read as follows:

"572-1 Requisites of valid marriage contract. In order to make valid the marriage contract, which shall be permitted between two individuals without regard to gender, it shall be necessary that:

(1) The respective parties do not stand in relation to each other of ancestor and descendant of any degree whatsoever, two siblings of the half as well as to the whole blood, uncle and niece, uncle and nephew, aunt and nephew, or aunt and niece, whether the relationship is the result of the issue of parents married or not married to each other or parents who are partners in a civil union or not partners in a civil union;

(2) Each of the parties at the time of contracting the marriage is at least sixteen years of age; provided that with the written approval of the family court of the circuit within which the minor resides, it shall be lawful for a person under the age of sixteen years, but in no event under the age of fifteen years, to marry, subject to section 572-2;

(3) Neither party has at the time any living and lawful [wife, husband, or civil union partner living,]:

(A) Wife;

(B) Husband;

(C) Civil union partner;

(D) Reciprocal beneficiary; or

(E) Partner in a domestic partnership,

and is not party to any other legally recognized union with another living person, except as provided in section 572-1.7;

(4) Consent of neither party to the marriage has been obtained by force, duress, or fraud;

(5) Neither of the parties is a person afflicted with any loathsome disease concealed from, and unknown to, the other party;

(6) The parties to be married in the State shall have duly obtained a license for that purpose from the agent appointed to grant marriage licenses; and

(7) The marriage ceremony be performed in the State by a person or society with a valid license to solemnize marriages and the parties to be married and the person performing the marriage ceremony be all physically present at the same place and time for the marriage ceremony."

SECTION 2. Section 572-6, Hawaii Revised Statutes, is amended to read as follows:

"572-6 Application; license; limitations. To secure a license to marry, the persons applying for the license shall appear personally before an agent authorized to grant marriage licenses and shall file with the agent an application in writing. The application shall be accompanied by a statement signed and sworn to by each of the persons, setting forth: the person's full name, date of birth, social security number, residence; their relationship, if any; the full names of parents; and that all prior marriages [or], civil unions, reciprocal beneficiary relationships, domestic partnerships, or other legally recognized unions, if any, other than an existing civil union, reciprocal beneficiary relationship, domestic partnership, or other legally recognized union between the persons applying for the marriage license, have been dissolved by death or dissolution. If all prior marriages [or], civil unions, reciprocal beneficiary relationships, domestic partnerships, or other legally recognized unions, other than an existing civil union, reciprocal beneficiary relationship, domestic partnership, or other legally recognized union between the persons applying for the marriage license, have been dissolved by death or dissolution, the statement shall also set forth the date of death of the last prior spouse or the date and jurisdiction in which the last decree of dissolution was entered. Any other information consistent with the standard marriage certificate as recommended by the Public Health Service, National Center for Health Statistics, may be requested for statistical or other purposes, subject to approval of and modification by the department of health; provided that the information shall be provided at the option of the applicant and no applicant shall be denied a license for failure to provide the information. The agent shall [indorse] endorse on the application, over the agent's signature, the date of the filing thereof and shall issue a license [which] that shall bear on its face the date of issuance. Every license shall be of full force and effect for thirty days commencing from and including the date of issuance. After the thirty-day period, the license shall become void and no marriage ceremony shall be performed thereon.

It shall be the duty of every person, legally authorized to grant licenses to marry, to immediately report the issuance of every marriage license to the agent of the department of health in the district in which the license is issued, setting forth all facts required to be stated in [such] a manner and on [such] a form as the department may prescribe."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Termination of Prior Unions; Reciprocal Beneficiaries; Domestic Partners

 

Description:

Clarifies marriage requirements to specifically prohibit either party from having an existing reciprocal beneficiary relationship, domestic partnership, or any other legally recognized union with another living person, except in the case of persons seeking to marry without first terminating their civil union or reciprocal beneficiary relationship as provided under current law. Conforms information required on marriage license applications.

 

 

 

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