ARTICLE 2 MARRIAGE AND RIGHTS OF MARRIED PERSONS
| 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.
14-2-107. 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: 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 The provisions of this part 1 were repealed and reenacted in 1973, resulting in the addition, relocation, and elimination of sections as well as subject matter.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.
Annotator's note. For legality of common-law marriages in this state, see Graham v. Graham, 130 Colo. 225, 274 P.2d 605 (1954).
■ 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).
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).
■ 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), ch. 380, p. 3421, § 5, effective August 2.
Cross references: For the legislative declaration contained in the 1994 act amending the introductory portion to subsection (1) and subsection (2), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in SB 16-150, see section 1 of chapter 263, Session Laws of Colorado 2016.
■ 14-2-106. License to marry. (1) (a) When a marriage license application has been completed and signed by both parties to a prospective marriage and at least one party has appeared before the county clerk and recorder and has paid the marriage license fee of seven dollars, a fee of twenty dollars to be transmitted by the county clerk and recorder to the state treasurer and credited by the treasurer to the Colorado domestic abuse program fund created in section 39-22-802 (1), and an additional amount established pursuant to section 25-2-121, such amount to be credited to the vital statistics records cash fund pursuant to section 25-2-121, the county clerk shall issue a license to marry and a marriage certificate form upon being furnished:
(I) Satisfactory proof that each party to the marriage will have attained the age of eighteen years at the time the marriage license becomes effective; or, if over the age of sixteen years but has not attained the age of eighteen years, has judicial approval, as provided in section 14-2-108; and
(II) Satisfactory proof that the marriage is not prohibited, as provided in section 14-2-110.
(b) Violation of subsection (1)(a)(I) of this section makes the marriage voidable.
(2) Repealed.
Source: L. 73: R&RE, p. 1017, § 1. C.R.S. 1963: § 90-1-6. L. 75: (2)(a) amended, p. 583, § 1, effective April 10. L. 79: (2)(a), (2)(b), and (2)(d) R&RE, p. 635, § 1, effective July 1. L. 84: (1)(a)(III) amended, p. 1118, § 9, effective June 7; IP(1)(a) amended, p. 742, § 1, effective...
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