§ 19-3-1.Prerequisites to valid marriage
Chapter 3. Marriage Generally · Article 1. General Provisions · Not amended since adoption on record · Last verified October 9, 2026
Full Text of § 19-3-1
Plain-English Summary
This short section is the foundation of Georgia marriage law. It says a marriage is valid only if three things are present: parties able to contract, an actual contract, and consummation according to law. If any one is missing, the marriage has a problem that the rest of Chapter 3 and the annulment chapter address.
The neighboring sections fill in each element. Code Section 19-3-2 says who is able to contract — a person of sound mind, of the required age, with no living spouse from an undissolved marriage, and not related to the other party within the prohibited degrees of Code Section 19-3-3. Code Section 19-3-4 explains the “actual contract”: both parties must consent voluntarily, without fraud. Code Section 19-3-5 says what happens when those elements fail — the marriage is void — and when a later free consent, with cohabitation, can cure it.
This section doesn’t define “consummation according to law.” For marriages entered today, Article 2 of the chapter (Code Section 19-3-30 and following) supplies the formal steps: a license from the probate court and a ceremony by an authorized officiant. Georgia stopped recognizing new common-law marriages on January 1, 1997, under Code Section 19-3-1.1, though valid ones formed before that date still count.
Frequently Asked Questions
What makes a marriage legally valid in Georgia?
Three things: parties able to contract, an actual contract, and consummation according to law. Code Section 19-3-2 lists who is able to contract, Code Section 19-3-4 requires voluntary consent without fraud, and the license-and-ceremony rules in Article 2 of Chapter 3 describe how a marriage is formally entered today.
What does “parties able to contract” mean for marriage?
It means each person meets the capacity rules in Code Section 19-3-2: sound mind, the minimum age (18, or 17 with emancipation and the other conditions in that section), no living spouse from a marriage that hasn’t been dissolved, and no relationship to the other person within the prohibited degrees listed in Code Section 19-3-3.
What happens if one of the three essentials is missing?
Under Code Section 19-3-5, a marriage of persons unable to contract, unwilling to contract, or fraudulently induced to contract is void. A superior court can grant an annulment of a void marriage under Code Section 19-4-1, except where children are born or are to be born as a result of the marriage. Some defects can be cured by later free consent and cohabitation.
Does this section explain what “consummation according to law” means?
No. The section names the requirement but doesn’t define it. The rules for getting a license and having the marriage performed sit in Article 2 of Chapter 3, starting with Code Section 19-3-30, which covers who issues licenses, who may perform the ceremony, and how the license is returned and recorded.
Can you still have a common-law marriage in Georgia?
Not a new one. Code Section 19-3-1.1 says no common-law marriage may be entered into in Georgia on or after January 1, 1997. A common-law marriage that was otherwise valid and formed before that date is still recognized. Couples marrying today need a license and ceremony under Article 2 of Chapter 3.
Amendment History
Formerly Code 1863, § 1653; Code 1868, § 1697; Code 1873, § 1698; Code 1882, § 1698; Civil Code 1895, § 2411; Civil Code 1910, § 2930; Code 1933, § 53-101.