Appendix D-1 A. ALLOW MARRIAGETHE SENATE S.B. NO. EIGHTEENTH LEGISLATURE, 1995 STATE OF HAWAII
A BILL FOR AN ACT RELATING TO MARRIAGE. 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 only between a man and a woman,] between two persons 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, brother [and] or sister of the half as well as to the whole blood, uncle [and niece,] or aunt [and nephew,] whether the relationship is legitimate or illegitimate; (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) [The man] Either party to the marriage does not at the time have any lawful [wife] spouse living [and that the woman does not at the time have any lawful husband living]; (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 [man and woman] 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 [man and the woman] 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 572-3, Hawaii Revised Statutes, is amended to read as follows: "¤572-3 Contracted without the State. Marriages between [aman and a woman] two people, legal in the country where contracted, shall be held legal in the courts of this State." SECTION 3. Section 572-13, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) Recordkeeping. Every person authorized to solemnize marriage shall make and preserve a record of every marriage by the person solemnized, comprising the names of the [man and woman] two people married, their place of residence, and the date of their marriage. Every person authorized to solemnize marriage, who neglects to keep a record of any marriage by the person solemnized shall be fined $50." SECTION 4. Section 572-21, Hawaii Revised Statutes, is amended to read as follows: "[¤572-21] Presumption of separate property. There is a rebuttable presumption that all property, both real and personal, acquired in the name of [the husband or of the wife,] one spouse, without regard to the time of acquisition thereof, is the separate property of the spouse in the name of whom the same has been acquired." SECTION 5. Statutory material to be repealed is bracketed. New statutory material is underscored. SECTION 6. This Act shall take effect upon its approval.
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