ARTICLE 2
| Jurisdiction | Colorado |
14-2-101. Short title.
14-2-102. Purposes - rules of construction.
14-2-103. Uniformity of application and construction.
14-2-104. Formalities.
14-2-105. Marriage license and marriage certificate.
14-2-106. License to marry.
14-2-106.5. License to marry without appearing in person - repeal.
14-2-107. When licenses to marry issued - validity.
14-2-108. Judicial approval.
14-2-109. Solemnization and registration of marriages - proxy marriage.
14-2-109.3. Rights of underage married persons.
14-2-109.5. Common law marriage - age restrictions.
14-2-110. Prohibited marriages.
14-2-111. Putative spouse.
14-2-112. Application.
14-2-113. Violation - penalty.
14-2-201. Property ownership.
14-2-202. Married person may sue and be sued.
14-2-203. Rights in separate business.
14-2-204. Not to affect marriage settlements.
14-2-205. Married person's land subject to judgment.
14-2-206. Spouse cannot convey other spouse's lands.
14-2-207. Spouse may convey lands as if unmarried.
14-2-208. Married person may contract.
14-2-209. Loss of consortium.
14-2-210. Domicile.
14-2-301. Short title.
14-2-302. Definitions.
14-2-303. Scope.
14-2-303.5. Applicability of part and case law to agreements relating to civil unions.
14-2-304. Governing law.
14-2-305. Principles of law and equity.
14-2-306. Formation requirements.
14-2-307. When agreement effective.
14-2-308. Void marriage.
14-2-309. Enforcement.
14-2-310. Unenforceable terms.
14-2-311. Limitation of action.
14-2-312. Uniformity of application and construction.
14-2-313. Relation to electronic signatures in global and national commerce act.
Editor's note: (1) This part 1 was numbered as article 1 of chapter 90, C.R.S. 1963. The provisions of this part 1 were repealed and reenacted in 1973, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this part 1 prior to 1973, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
(2) In In re Hogsett, 2021 CO 1, 478 P.3d 713, the Colorado supreme court held that a common law marriage may be established by the mutual consent or agreement of the couple to enter the legal and social institution of marriage, followed by conduct manifesting that mutual agreement.
Annotator's note. For the test for proving a common law marriage, see In re Hogsett, 2021 CO 1, 478 P.3d 713.
■ 14-2-101. Short title. This part 1 shall be known and may be cited as the "Uniform Marriage Act".
Source: L. 73: R&RE, p. 1016, § 1. C.R.S. 1963: § 90-1-1.
Law reviews. For article, "Ten Years of Domestic Relations in Colorado — 1940-1950", see 27 Dicta 399 (1950). For article, "One Year Review of Domestic Relations", see 34 Dicta 108 (1957). For comment, "Adoptive Sibling Marriage in Colorado: Israel v. Allen", see 51 U. Colo. L. Rev. 135 (1979). For article, "Effects of Reconciliation on Separation Agreements in Colorado", see 51 U. Colo. L. Rev. 399 (1980). For article, "Cohabitation Agreements in Colorado", see 15 Colo. Law. 979 (1986). For article, "Common Law Marriage in Colorado", see 16 Colo. Law. 252 (1987). For article, "Defending Against a Common Law Marriage Claim", see 34 Colo. Law. 69 (March 2005).
■ 14-2-102. Purposes - rules of construction. (1) This part 1 shall be liberally construed and applied to promote its underlying purposes.
(2) Its underlying purposes are:
(a) To strengthen and preserve the integrity of marriage and to safeguard meaningful family relationships;
(b) To provide adequate procedures for the solemnization and registration of marriage.
Source: L. 73: R&RE, p. 1016, § 1. C.R.S. 1963: § 90-1-2.
Law reviews. For comment, "Adoptive Sibling Marriage in Colorado: Israel v. Allen", see 51 U. Colo. L. Rev. 135 (1979). For article, "Pre-2014 Same-Sex Common-Law Marriages: Should Federal Precedent Apply Retroactively?", see 47 Colo. Law. 42 (Dec. 2018).
There is no doubt that the public policy of Colorado favors marriage. Lewis v. Colo. Nat'l Bank, 652 P.2d 1106 (Colo. App. 1982).
But policy will not void a forfeiture-on-remarriage trust provision. A forfeiture-on-remarriage provision in a trust is not void on public policy grounds as a restraint on marriage. Lewis v. Colo. Nat'l Bank, 652 P.2d 1106 (Colo. App. 1982).
The policy of the law favoring marriage is without sufficient vigor to overcome the policy in support of effectuating a settlor's intention. Lewis v. Colo. Nat'l Bank, 652 P.2d 1106 (Colo. App. 1982).
Applied in Israel v. Allen, 195 Colo. 263, 577 P.2d 762 (1978).
■ 14-2-103. Uniformity of application and construction. This part 1 shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this part 1 among those states which enact it.
Source: L. 73: R&RE, p. 1016, § 1. C.R.S. 1963: § 90-1-3.
■ 14-2-104. Formalities. (1) Except as otherwise provided in subsection (3) of this section, a marriage is valid in this state if:
(a) It is licensed, solemnized, and registered as provided in this part 1; and
(b) It is only between one man and one woman.
(2) Notwithstanding the provisions of section 14-2-112, any marriage contracted within or outside this state that does not satisfy paragraph (b) of subsection (1) of this section shall not be recognized as valid in this state.
(3) Nothing in this section shall be deemed to repeal or render invalid any otherwise valid common law marriage between one man and one woman:
(a) Entered into prior to September 1, 2006; or
(b) Entered into on or after September 1, 2006, that complies with section 14-2-109.5.
Source: L. 73: R&RE, p. 1016, § 1. C.R.S. 1963: § 90-1-4. L. 2000: Entire section amended, p. 1054, § 1, effective May 26. L. 2006, 1st Ex. Sess.: (3) amended, p. 9, § 1, effective July 18.
Cross references: For the validity or recognition of marriages in this state, see section 31 of article II of the state constitution; for cases construing constitutional and statutory provisions similar to section 31 of article II of the state constitution, see the editor's note under section 31 of article II.
Law reviews. For article, "Colorado Civil Union Act", see 42 Colo. Law. 91 (July 2013). For article, "Pre-2014 Same-Sex Common-Law Marriages: Should Federal Precedent Apply Retroactively?", see 47 Colo. Law. 42 (Dec. 2018). For article, "'I Do?': Common Law Marriage and a 'Refined' Look at People v. Lucero", see 50 Colo. Law. 50 (June 2021).
Common law, not the provisions of the Uniform Marriage Act, governs the existence of a common law marriage. In re J.M.H., 143 P.3d 1116 (Colo. App. 2006).
Refining the common law marriage test articulated in People v. Lucero, 747 P.2d 660 (Colo. 1987), common law marriage may be established by mutual consent or agreement of the couple to enter into the legal and social institution of marriage, followed by conduct manifesting mutual agreement. The core inquiry is whether the parties intended to enter into a marital relationship, agreeing to share a life together as spouses in a committed, intimate relationship of mutual support and obligation. In assessing whether common law marriage has been established, courts should accord weight to evidence reflecting a couple's express agreement to marry. In the absence of express evidence of agreement to marry, the agreement to enter into a marital relationship may be inferred from conduct. While the factors identified in Lucero may still be relevant, they must be addressed in context; the inferences to be drawn from the parties' conduct may vary depending on the circumstances. The manifestation of the parties' agreement to marry need not take a particular form. In re Hogsett, 2021 CO 1, 478 P.3d 713.
Same-sex partners may enter into common law marriage and state law restrictions on same-sex marriage deemed unconstitutional in Obergefell v. Hodges, 576 U.S. 664 (2015), cannot serve as an impediment to the recognition of a same-sex common marriage predating that decision. In re LaFleur, 2021 CO 3, 479 P.3d 869.
■ 14-2-105. Marriage license and marriage certificate. (1) The executive director of the department of public health and environment shall prescribe the form for an application for a marriage license, which must include the following information:
(a) Name, sex, address, last four digits of the social security number, and date and place of birth of each party to the proposed marriage, which proof of identity and date of birth may be by a birth certificate, a driver's license, a passport, or other comparable evidence;
(b) If either party has previously been married, such party's married name and the date, place, and court in which the marriage was dissolved or declared invalid or the date and place of death of the former spouse;
(b.5) If either party has previously been a partner in a civil union and, if so, the name of the other partner in the civil union, or the date, place, and court in which the civil union was dissolved or declared invalid, or the date and place of death of the former partner in the civil union;
(c) Name and address of the parents or guardian of each party;
(d) Whether the parties are related to each other and, if so, their relationship, or, if the parties are currently married to each other, a statement to that effect.
(2) The executive director of the department of public health and environment shall prescribe the forms for the marriage license, the marriage certificate, and the consent to marriage.
Source: L. 73: R&RE, p. 1016, § 1. C.R.S. 1963: § 90-1-5. L. 93: (1)(b) and (1)(d) amended, p. 437, § 1, effective July 1. L. 94: IP(1) and (2) amended, p. 2731, § 347, effective July 1. L. 2016: IP(1) amended and (1)(b.5) added, (SB 16-150), ch. 263, p. 1080, § 2, effective June 8. L. 2019: (1)(a) amended, (HB 19-1316)...
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