SB111,1588,2212 765.03 (1) No marriage shall be contracted while either of the parties has a
13husband or wife spouse living, nor between persons who are nearer of kin than 2nd
14cousins except that marriage may be contracted between first cousins where the
15female has attained the age of 55 years or where
if either party, at the time of
16application for a marriage license, submits an affidavit signed by a physician stating
17that either party is permanently sterile or that the 2 parties are otherwise
18permanently biologically incapable of producing a child together
. Relationship
19under this section shall be computed by the rule of the civil law, whether the parties
20to the marriage are of the half or of the whole blood. A marriage may not be
21contracted if either party has such want of understanding as renders him or her
22incapable of assenting to marriage.
SB111,3031 23Section 3031 . 765.16 (1m) (intro.) of the statutes is amended to read:
SB111,1589,424 765.16 (1m) (intro.) Marriage may be validly solemnized and contracted in this
25state only after a marriage license has been issued therefor, and only by the mutual

1declarations of the 2 parties to be joined in marriage that they take each takes the
2other as husband and wife his or her spouse, made before an authorized officiating
3person and in the presence of at least 2 competent adult witnesses other than the
4officiating person. The following are authorized to be officiating persons:
SB111,3032 5Section 3032 . 765.16 (1m) (c) of the statutes is amended to read:
SB111,1589,96 765.16 (1m) (c) The 2 parties themselves, by mutual declarations that they
7take
each takes the other as husband and wife his or her spouse, in accordance with
8the customs, rules, and regulations of any religious society, denomination, or sect to
9which either of the parties may belong.
SB111,3033 10Section 3033 . 765.23 of the statutes is amended to read:
SB111,1589,25 11765.23 Immaterial irregularities otherwise. No marriage hereafter
12contracted shall be void either by reason of the marriage license having been issued
13by a county clerk not having jurisdiction to issue the same; or by reason of any
14informality or irregularity of form in the application for the marriage license or in
15the marriage license itself, or the incompetency of the witnesses to such marriage;
16or because the marriage may have been solemnized in a county other than the county
17prescribed in s. 765.12, or more than 30 days after the date of the marriage license,
18if the marriage is in other respects lawful and is consummated with the full belief
19on the part of the persons so married, or either of them, that they have been lawfully
20joined in marriage. Where a marriage has been celebrated in one of the forms
21provided for in s. 765.16 (1m), and the parties thereto have immediately thereafter
22assumed the habit and repute of husband and wife a married couple, and having
23continued the same uninterruptedly thereafter for the period of one year, or until the
24death of either of them, it shall be deemed that a marriage license has been issued
25as required by ss. 765.05 to 765.24 and 767.803.
SB111,3034
1Section 3034. 765.24 of the statutes is amended to read:
SB111,1590,15 2765.24 Removal of impediments to subsequent marriage. If a person
3during the lifetime of a husband or wife spouse with whom the marriage is in force,
4enters into a subsequent marriage contract in accordance with s. 765.16, and the
5parties thereto live together thereafter as husband and wife a married couple, and
6such subsequent marriage contract was entered into by one of the parties in good
7faith, in the full belief that the former husband or wife spouse was dead, or that the
8former marriage had been annulled, or dissolved by a divorce, or without knowledge
9of such former marriage, they the parties shall, after the impediment to their
10marriage has been removed by the death or divorce of the other party to such former
11marriage, if they continue to live together as husband and wife a married couple in
12good faith on the part of one of them, be held to have been legally married from and
13after the removal of such impediment and the issue of any children born during such
14subsequent marriage shall be considered as the marital issue children of both
15parents parties.
SB111,3035 16Section 3035 . 765.30 (3) (a) of the statutes is amended to read:
SB111,1590,2517 765.30 (3) (a) Penalty for unlawful solemnization of marriage. Any officiating
18person who solemnizes a marriage unless the contracting parties have first obtained
19a proper marriage license as heretofore provided; or unless the parties to such
20marriage declare that they take each takes the other as husband and wife his or her
21spouse
; or without the presence of 2 competent adult witnesses; or solemnizes a
22marriage knowing of any legal impediment thereto; or solemnizes a marriage more
23than 30 days after the date of the marriage license; or falsely certifies to the date of
24a marriage solemnized by the officiating person; or solemnizes a marriage in a county
25other than the county prescribed in s. 765.12.
SB111,3036
1Section 3036. 766.587 (7) (form) 9. of the statutes is amended to read:
SB111,1591,62 766.587 (7) (form) 9. BOTH SPOUSES MUST SIGN THIS AGREEMENT. IF
3SIGNED BEFORE JANUARY 1, 1986, IT IS EFFECTIVE ON JANUARY 1, 1986,
4OR THE DATE THE PARTIES MARRY, WHICHEVER IS LATER. IF SIGNED ON
5OR AFTER JANUARY 1, 1986, IT IS EFFECTIVE ON THE DATE SIGNED OR THE
6DATE THE PARTIES MARRY, WHICHEVER IS LATER.
SB111,1591,87 STATUTORY INDIVIDUAL
8 PROPERTY CLASSIFICATION AGREEMENT
SB111,1591,99 (Pursuant to Section 766.587, Wisconsin Statutes)
SB111,1591,1110 This agreement is made and entered into by .... and ...., (husband and wife who
11are married
) (who intend to marry) (strike one).
SB111,1591,1512 The parties to this agreement agree to classify all their property, including
13property owned by them now and property acquired before January 1, 1987, as the
14individual property of the owning spouse, and agree that ownership of their property
15shall be determined as if it were December 31, 1985.
SB111,1591,1616 This agreement terminates on January 1, 1987.
SB111,1591,1717 Signature .... Date ....
SB111,1591,1818 Print Name Here: ....
SB111,1591,1919 Address: ....
SB111,1591,2020 Signature .... Date ....
SB111,1591,2121 Print Name Here: ....
SB111,1591,2222 Address: ....
SB111,1591,2423 [Note: Each spouse should retain a copy of the agreement for himself or
24herself.]
SB111,3037 25Section 3037 . 766.588 (9) (form) 13. of the statutes is amended to read:
SB111,1592,4
1766.588 (9) (form) 13. IF AFTER ENTERING INTO THIS AGREEMENT ONE
2OR BOTH OF YOU ESTABLISH A DOMICILE OUTSIDE THIS STATE, YOU ARE
3URGED TO SEEK LEGAL ADVICE CONCERNING THE CONTINUED
4EFFECTIVENESS OF THIS AGREEMENT.
SB111,1592,5 5Statutory terminable marital
SB111,1592,6 6Property classification agreement