LRBs0144/1
PJK:jlg:km
1997 - 1998 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO 1997 ASSEMBLY BILL 104
May 13, 1997 - Offered by Representative Murat.
AB104-ASA2,1,3 1An Act to repeal 765.04 (1) and 765.04 (2); to renumber 765.04 (3); to amend
2765.04 (title) and 765.21 (intro.); and to create 765.045 and 765.21 (3) of the
3statutes; relating to: nonrecognition of certain out-of-state marriages.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB104-ASA2, s. 1 4Section 1. 765.04 (title) of the statutes is amended to read:
AB104-ASA2,1,6 5765.04 (title) Marriage abroad in this state to circumvent the laws of
6another state
.
AB104-ASA2, s. 2 7Section 2. 765.04 (1) of the statutes is repealed.
AB104-ASA2, s. 3 8Section 3. 765.04 (2) of the statutes is repealed.
AB104-ASA2, s. 4 9Section 4. 765.04 (3) of the statutes is renumbered 765.04.
AB104-ASA2, s. 5 10Section 5. 765.045 of the statutes is created to read:
AB104-ASA2,2,2 11765.045 Certain out-of-state marriages void. If one or both parties to a
12marriage that is contracted in another state or jurisdiction are not competent to

1marry in this state under the laws of this state in existence at the time that their
2marriage is contracted, the marriage is void for all purposes in this state.
AB104-ASA2, s. 6 3Section 6. 765.21 (intro.) of the statutes is amended to read:
AB104-ASA2,2,8 4765.21Unlawful marriages void; validation. (intro.) All marriages
5hereafter contracted in violation of ss. s. 765.02, 765.03, 765.04 and, 765.045 or
6765.16 shall be void, except as provided in ss. 765.22 and 765.23. The parties to any
7such marriage may validate the marriage by complying with the requirements of ss.
8765.02 to 765.24 as follows:
AB104-ASA2, s. 7 9Section 7. 765.21 (3) of the statutes is created to read:
AB104-ASA2,2,1210 765.21 (3) Except as provided in sub. (2) if s. 765.03 (2) applies, at any time if
11the marriage is declared void under s. 765.045 and the parties are both competent
12to marry under the laws of this state.
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