Georgia reduces marriage to three elements, and a marriage missing any one of them is not a marriage at all.
What the Statute Requires
OCGA 19-3-1 provides that “[t]o constitute a valid marriage in this state there must be: (1) Parties able to contract; (2) An actual contract; and (3) Consummation according to law.” The same three elements govern ceremonial marriages and common law marriages alike. Chen v. Chen, 362 Ga. App. 99 (2021).
Able to Contract
Capacity is defined by OCGA 19-3-2. A person must be of sound mind, must meet the age requirements, must have no living spouse from a previous undissolved marriage, and must not be related to the intended spouse within the prohibited degrees.
An Actual Contract
Under OCGA 19-3-4, “the parties must consent thereto voluntarily without any fraud practiced upon either.” Courts look to whether the parties “consented to marry each other and possessed a present intention to be married to each other.” Chen v. Chen, 362 Ga. App. 99 (2021). A marriage contract does not have to be in writing.
Consummation
Consummation means cohabitation as husband and wife. In Chen, the couple held a wedding celebration in 2007 but did not obtain a license until 2016. The Court of Appeals upheld the finding that they were married in 2007, pointing out that they lived together and had three children after the ceremony.
All Three at Once
The elements are not a checklist you can satisfy over time. “All three of these elements as set forth in OCGA ยง 19-3-1 must be met simultaneously,” and “a legal marital relationship cannot be partial or periodic.” In re Estate of O’Connell, 354 Ga. App. 333 (2020).
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