Title 19 — Personal Relations

Marriage is a personal relation arising out of a civil contract, to which the consent of parties capable of making that contract is necessary. Consent alone will not constitute marriage; it must be followed by a solemnization authorized by this Title. SOURCE: CC § 55.

Any unmarried person of the age of eighteen (18) years or older, and not otherwise disqualified, is capable of consenting to and consummating COL1312018 marriage; provided, that any person under the age of eighteen (18) years and over the age of sixteen (16) years, with the conse…

Consent to marriage and solemnization thereof may be proved under the same general rules of evidence as facts are proved in other cases. SOURCE: CC § 57.

Marriages between parents and children, ancestors and descendants of every degree, and between brothers and sisters of the half as well as the whole blood, and between uncles and nieces or aunts and nephews, are incestuous, and void from the beginning whether the relationship is …

A subsequent marriage contracted by any person during the life of a former spouse of such person, with any person other than such former spouse is illegal and void from the beginning, unless: (a) the former marriage has been annulled or dissolved. In no case can a marriage of eit…

Neither party to a contract to marry is bound by a promise made in ignorance of the other's want of personal chastity, and either is released therefrom by unchaste conduct on the part of the other unless both parties participate therein. SOURCE: CC § 62.

All marriages contracted outside of the territory of Guam, which would be valid by the laws of the country in which the same were contracted, are valid in the territory of Guam. SOURCE: CC: § 63.

(a) Upon entering into a contract of marriage, a spouse may elect to retain his or her surname before marriage as his or her surname after marriage, or a spouse may elect to adopt any of the following surnames: (1) the current surname of the other spouse; (2) the surname of eithe…

[Repealed.] SOURCE: CC § 64.1, enacted by P.L. 12-112 (Mar. 25, 1974). Repealed by P.L. 33- 065:7 (Aug. 25, 2015). ---------- ARTICLE 2 AUTHENTICATION OF MARRIAGE

Marriage must be licensed, solemnized, authenticated, and recorded as provided in this Article; but noncompliance with its provisions by others than a party to a marriage does not invalidate it. SOURCE: CC § 68.

(a) All persons about to be joined in marriage must first obtain a license therefore, from the Department of Public Health and Social Services, which license shall state: (1) the identity of the parties; (2) their full names, residence, and place of birth; (3) their date of birth…

The marriage license shall be presented to the person performing the ceremony and shall be filed by him with the Office of Vital Statistics, Department of Public Health and Social Services, within ten (10) days after the ceremony, together with certification that the marriage has…

(a) Marriage may be solemnized by: (1) I Maga’lahen Guåhan (the Governor of Guam), or his substitute; COL1312018 (2) the judges of the U.S. District Court, and the Superior Court of Guam; (3) all ordained clergymen and priests of whatsoever religious faith who are recognized as s…

the Director of Administration or Director of Public Health and Social Services. The duty of solemnizing the marriage ceremony on any day shall be obligatory upon all the judges, the Director of Revenue and Taxation, the Director of Administration or the Director of Public Health…

No particular form for the ceremony of marriage is required, but the parties must declare in the presence of the person solemnizing the marriage that they take each other as husband and wife, or as spouses. SOURCE: CC § 71. Amended by P.L. 33-065:10 (Aug. 25, 2015).

COL1312018 The person solemnizing a marriage must first require the presentation of the marriage license, and if he has any reason to doubt the correctness of its statement of facts he must first satisfy himself of its correctness, and for that purpose he may administer oaths and…

The person solemnizing a marriage must make, sign, and endorse upon or attach to the license a certificate showing: (a) The fact, time, and place of solemnization; and (b) The names and places of residence of one or more witnesses to the ceremony. (c) A statement of the official …

Parties. The Office of Vital Statistics, after the filing of the original license and certificate, shall, upon request of and for either party, and after payment of a fee of Ten Dollars ($10.00) for each copy, make a certified copy of license and certificate of marriage. SOURCE: …

If no record of the solemnization of a marriage heretofore contracted be known to exist, the parties may join in a written declaration of such marriage substantially showing: (a) The names, ages, and residences of the parties. (b) The fact of marriage. COL1312018 (c) That no reco…

Declarations of marriage must be acknowledged in like manner as grants of real property and recorded in the Office of Vital Statistics. SOURCE: CC § 77.

If either party to any marriage denies the same, or refuses to join in a declaration thereof, the other may proceed, by action in the Superior Court, to have the validity of the marriage determined and declared. SOURCE: CC § 78. NOTE: Island Court changed to Superior Court pursua…

Either party to an incestuous or void marriage may proceed, by action in the Superior Court, to have the same so declared. SOURCE: CC § 80. NOTE: Island Court changed to Superior Court pursuant to P.L. 12-85. ---------- COL1312018 COL1312018