Georgia Marriage Laws | § 19-3-5

Official Code of Georgia Annotated 19-3-5

What marriages void; legitimacy of issue; effect of later ratification

(a) Marriages of persons unable to contract, unwilling to contract, or fraudulently induced to contract shall be void. However, the issue of such a marriage born before the marriage is annulled and declared void by a competent court shall be legitimate. (b) In the case of persons unwilling to contract or fraudulently induced to do so, a subsequent consent and ratification of the marriage, freely and voluntarily made, accompanied by cohabitation as husband and wife shall render the marriage valid. In the case of a marriage void on one of the grounds specified in paragraphs (1) through (3) of Code Section 19-3-2, after removal of the impediment to marriage, a subsequent free and voluntary consent and ratification of the marriage accompanied by cohabitation as husband and wife shall likewise render the marriage valid.

(Orig. Code 1863, § 1657; Code 1868, § 1701; Code 1873, § 1702; Code 1882, § 1702; Civil Code 1895, § 2416; Civil Code 1910, § 2935; Code 1933, § 53-104.)

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More Georgia Marriage Laws

§ 19-3-1.1 Common-law marriage; effectiveness
§ 19-3-1 Prerequisites to valid marriage
§ 19-3-3 Degrees of relationship within which intermarriage prohibited; penalty; effect of prohibited marriage
§ 19-3-3.1 Marriages between persons of same sex prohibited; marriages not recognized
§ 19-3-4 Nature of consent required
§ 19-3-6 Effect of restraints on marriage; when valid
§ 19-3-7 Contracts attempting to force marriage void
§ 19-3-8 Interspousal tort immunity continued
§ 19-3-9 Each spouse's property separate
§ 19-3-10 Right of married persons to contract; presumptions
§ 19-3-30.1 Premarital education; fees; special requirements if marriage applicant is 17 years old
§ 19-3-31 Issuance of licenses at satellite courthouses in certain counties
§ 19-3-32 Penalty for improper issuance of license
§ 19-3-35 Issuance of license to applicants otherwise eligible
§ 19-3-39 Certification and recordation of marriage after publication of banns
§ 19-3-40 Blood test for sickle cell disease; information to be provided
§ 19-3-41 Department of Public Health marriage manual; distribution; rules and regulations
§ 19-3-43 Marriage in another state; effect in this state
§ 19-3-44 Return of license to parties
§ 19-3-46 Forfeiture for officiating at marriage without license or banns
§ 19-3-47 Penalty for filing false information in application for license
§ 19-3-48 Penalty for officiating at illegal marriage ceremony
§ 19-3-49 Acceptance by judges of tips, consideration, or gratuities
§ 19-3-5 What marriages void; legitimacy of issue; effect of later ratification
§ 19-3-2 Who may contract marriage; emancipation requirement; minimum age for marriage
§ 19-3-30 Issuance, return, and recording of license
§ 19-3-33 Application for marriage license; contents; supplement marriage report
§ 19-3-33.1 Use of surname in application for marriage license
§ 19-3-34 Marriage application to be filed; use as evidence; transmission to the state registrar
§ 19-3-35.1 AIDS brochures; listing of HIV test sites; acknowledgment of receipt
§ 19-3-42 Effect on marriage due to the lack of authority in person officiating
§ 19-3-45 Actions for improper issuance of marriage license; attorney's fee and court costs; disposition of balance of recovery
§ 19-3-36 Proof of age of applicants
§ 19-3-41.1 Fact sheet for distribution by premarital education providers; requirements